R.Thiruppathi v. The Deputy Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Fifth day of March Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice VIVEK KUMAR SINGH in CRL A(MD)No.751 of 2023 R.THIRUPPATHI ... PETITIONER/2nd APPELLANT Vs THE DEPUTY SUPERINTENDENT OF POLICE, CBI SCB CHENNAI, CRIME NO.RC9(S)/2010/CBI/SCB/CHN) ... RESPONDENT/RESPONDENT Criminal Miscellaneous Petition filed praying that in the circumstances stated therein and in the petition filed therewith the High Court may be pleased to Supsend the Sentence imposed against the Petitioner/2nd Appellant by the Honble II Additional District and Sessions Judge, (CBI Case), Madurai dated 12.06.2023 in CC No.7/2012 and enlarge the Petitioner's on bail pending disposal of the above Criminal Appeal.

PRAYER in CRL A(MD)No.751 of 2023:

To call for the records relating to the judgment in C.C.No.7 of 2012 dated 12.06.2023 on the file of the II Additional District Court(CBI Cases) Madurai and to set aside the same and allow this Criminal Appeal. Order : This Criminal Miscellaneous Petition coming up for orders on this day, upon perusing the petition filed in support thereof and upon hearing the arguments of M/S.UDHAYAKUMAR.R, Advocate for the petitioner and of Mr.N.MOHIDEEN BASHA, Special Public Prosecutor on behalf of the Respondent, the Court made the 1/3

following order:- This case has been listed today under the caption 'for reporting compliance'.

2. This Court has already allowed the Criminal Miscellaneous Petition by order dated 05.02.2024 and directed each of the petitioner to deposit a sum of Rs.1,50,000/- (Rupees One Lakh Fifty Thousand Only) to the credit of C.C.No.7 of 2012 on the file of the learned II Additional District Judge (CBI Cases), Madurai District, within a period of four weeks from the date of the order, failing which the sentence suspended shall automatically dismissed and has given liberty to the respondent to execute the sentence imposed by the trial Court against the petitioner in the manner known to law.

3. Today, when the matter was taken up for hearing, the learned counsel for the petitioner submits that since the petitioner has financial crisis, he could not able to deposit a sum of Rs.1,50,000/- (Rupees One Lakh Fifty Thousand Only) to the credit of C.C.No.7 of 2012 within a stipulated period as directed by this Court by its order dated 05.02.2024 and hence, he seeks further time for complying the said order.

4. Considering the submission made by the learned counsel for the petitioner, this Court is inclined to grant further time and accordingly, eight weeks time is granted from today, to the petitioner for depositing a sum of Rs.1,50,000/- (Rupees One Lakh Fifty Thousand Only) to the credit of C.C.No.7 of 2012 on the file of the 2/3

learned II Additional District Judge (CBI Cases), Madurai District and it is also made clear that no further time will be granted to the petitioner and in case of failure on his part to deposit the said amount, it is open to the respondent to execute the sentence imposed by the trial Court against the petitioner in the manner known to law. sd/- 05/03/2024 / TRUE COPY / /03/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

RM TO 1 THE II ADDITIONAL DISTRICT JUDGE(CBI CASES), MADURAI. 2 THE DEPUTY SUPERINTENDENT OF POLICE, CBI SCB CHENNAI 3 THE SUPERINTENDENT, CENTRAL PRISON, MADURAI.

4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER IN Date :05/03/2024 SA/VR/SAR. /12.03.2024/3P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 3/3