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Madras High CourtCRL OP(MD)/2117/2026allowed

Parameshwaran v. Amaravathi

2026-02-04Honourable Mrs Justice L.Victoria Gowri4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 04/02/2026

CORAM

THE HONOURABLE MRS. JUSTICE L. VICTORIA GOWRI and CRL MP(MD). No.2384 of 2026 Parameshwaran ... Petitioner Vs Amaravathi ... Respondent PRAYER :- To Set aside the impugned condition No(i) in the order passed by the Learned Principal District and Sessions Judge, Srivilliputhur, Virudhunagar District in Crl.M.P.No.2911 of 2025 in C.A.No.94 of 2025 dated 29.08.2025.

For Petitioner : Mr. M.Jegadeesh Pandian, Advocate.

ORDER

This Criminal Original Petition is to set aside the impugned condition No(i) in the order passed by the Learned Principal District and 1/4

Sessions Judge, Srivilliputhur, Virudhunagar District in Crl.M.P.No.2911 of 2025 in C.A.No.94 of 2025 dated 29.08.2025.

2. The learned counsel for the petitioner submitted that the petitioner is the accused in STC No.455 of 2022 on the file of the learned Judicial Magistrate No.I, Sivakasi. Pursuant to the conviction by the learned Judicial Magistrate No.I, Sivakasi, he had preferred a Criminal Appeal In C.A.No.94 of 2025 before the learned Principal District and Sessions Judge, Virudhunagar, at Srivilliputhur. Along with the appeal, he had filed a petition under Section 430(1) BNSS for suspension of sentence of imprisonment pending appeal and for bail. The same came to be allowed with certain conditions which are exorbitant, more particularly, the first condition, directing the petitioner to deposit the sum of Rs.5,00,000/- before the trial Court within 60 days, that is precisely 20% of the compensation amount before the trial Court. Seeking to set aside the said condition, this Criminal Original Petition is filed.

3. Learned counsel for the petitioner submitted that he is prepared to deposit 10% of the compensation amount citing financial constraints.

4. Considering the limited scope of the relief sought for in this 2/4

petition, notice to the respondents/ complainant is dispensed with.

5. In view of the submission made by the learned counsel for the petitioner, the first condition imposed by the learned Principal District and Sessions Judge, Srivilliputhur, Virudhunagar District, in the order dated 29.08.2025 made in Cr.M.P.No.2911 of 2025 in C.A.No.94 of 2025 is modified, by directing the petitioner to deposit 10% of the compensation amount, ie., Rs.2,50,000/- (Rupees Two Lakhs Fifty Thousand only) before the trial court within 30 days from the date of receipt of copy of this order.

6. With the above modification, this Criminal Original Petition is partly allowed. Consequently, connected miscellaneous petition stands closed.

04.02.2026 NCC : yes / no Index : yes / no Internet : yes / no pnn L. VICTORIA GOWRI,J 3/4

pnn To The Principal District and Sessions Judge, Srivilliputhur, Virudhunagar District.

ORDER

IN and CRL MP(MD). No.2384 of 2026 Date : 04/02/2026 4/4