T.Manivasagam v. Meiyazhagan

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Third day of June Two Thousand Sixteen PRESENT The Hon`ble Dr.Justice P.DEVADASS CRL MP(MD) No.4112 of 2016 IN CRL RC(MD) No.308 of 2016 T.MANIVASAGAM ... PETITIONER/PETITIONER Vs MEIYAZHAGAN ... RESPONDENT/RESPONDENT Petition praying that in the circumstances stated therein and in the petition filed therewith the High Court will be pleased to suspend the sentence imposed as against the petitioner in STC. No.406 of 2013 dated 31.07.2015 on the file of the Judicial Magistrate, Fast Track Court, Thanjavur and confirming the same in Crl.A.No.47 of 2015 on the file of II Additional District & Sessions Judge, Thanjavur on 29.03.2016 and allow to continue to be on bail pending disposal of the above Criminal Revision case.

Order : This petition coming on for orders upon perusing the petition filed in support thereof and upon hearing the arguments of M/S M.SARAVANAN, Advocate for the petitioner,the court made the following order:- The revision application is against conviction and sentence rendered by the learned Judicial Magistrate, Fast Track Court, Thanjavur in S.T.C.No.406 of 2013 confirmed by the II Additional Sessions Judge, Thanjavur in Crl.A.No.47 of 2015. Pending consideration of the revision, petitioner seeks revision bail under Section 397 Cr.P.C.

2.The conviction has followed a sentence of one year Simple Imprisonment. Further under Section 357(3) Cr.P.C., the petitioner was directed to pay the cheque amount viz., Rs.1,00,000/- as compensation and default to undergo 3 months Simple Imprisonment.

3.Having regard to the grounds raised in the revision, certain arguable points are involved and it is a fact that it will take some time for the disposal of this revision. Thus, I am inclined to grant revision bail to the petitioner. It is ordered as under:

(1) Revision bail granted.

(2) Sentence of imprisonment awarded by the learned Judicial Magistrate, Fast Track Court, Thanjavur in S.T.C.No.406 of 2013 as confirmed by the learned II Additional Sessions Judge, Thanjavur in Crl.A.No.47 of 2015 alone is suspended.

(3) There shall be two sureties, who shall execute a bond for Rs.5,000/- (Rupees Five thousand only) and the petitioner for a https://hcservices.ecourts.gov.in/hcservices/

like sum to the satisfaction of the learned Judicial Magistrate, Fast Track Court, Thanjavur.

(4) The direction under Section 357(3) Cr.P.C. to pay the amount shall be suspended on deposit of Rs.10,000/- to the credit of S.T.C.No.406 of 2013 within a period of 15 days from the date of receipt of a copy of this order.

(5) The said sum of Rs.10,000/- shall be deposited in a nationalized bank for a period of three years or till the disposal of criminal revision and the accrued interest thereon and the principal amount shall abide by the result of this revision. sd/- 03/06/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, FAST TRACK COURT,THANJAVUR.

2 DO-THRO'THE CHIEF JUDICIAL MAGISTRATE THANJAVUR DISTRICT AT KUMBAKONAM.

3 THE II ADDITIONAL DISTRICT & SESSIONS JUDGE, THANJAVUR.

4 DO-THRO'THE PRINCIPAL SESSIONS JUDGE,THANJAVUR. +1. C.C. to M/S M.SARAVANAN Advocate SR.No.27799

ORDER

IN CRL MP(MD) No.4112 of 2016 IN CRL RC(MD) No.308 of 2016 Date :03/06/2016 PA/AAL-MPA/SAR II/07.06.2016/2P/6C https://hcservices.ecourts.gov.in/hcservices/