Madras High CourtCRL OP(MD)/3621/2026partly allowed

R.Raman v. R.Balaji Ram

2026-02-19Honourable Mrs Justice L.Victoria Gowri4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.02.2026

CORAM:

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI R.Raman ... Petitioner Vs.

R.Balaji Ram ... Respondent PRAYER : Petition filed under Section 528 of BNSS, 2023 seeking to set aside the impugned condition No(i) in the order passed by the learned Principal Sessions Judge, Madurai in Cr.M.P.No.5868 of 2023 in Criminal Appeal No. 101 of 2023 dated 11.10.2023.

For Petitioner : Mr.A.Balaji

ORDER

The petitioner seeks to set aside the impugned condition No(i) in the order passed by the learned Principal Sessions Judge, Madurai in Cr.M.P.No. 5868 of 2023 in Criminal Appeal No.101 of 2023 dated 11.10.2023. 1/4

2. The learned counsel for the petitioner submitted that the petitioner is the accused in STC No.155 of 2017 on the file of the learned Judicial Magistrate No.I, Madurai. Pursuant to the conviction by the learned Judicial Magistrate No.I, Madurai, he had preferred a Criminal Appeal In C.A.No.101 of 2023 before the learned Principal Sessions Judge, Madurai. Along with the appeal, he had filed a petition under Section 430(1) BNSS for suspension of execution 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 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 petition, notice to the respondent/ 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 Sessions Judge, Madurai, in Cr.M.P.No.5868 of 2023 in Criminal Appeal No.101 of 2023 dated 2/4

11.10.2023 is therefore modified, by directing the petitioner to deposit 10% of the compensation amount, 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.

19.02.2026 NCC : Yes / No Index : Yes / No Sm 3/4

L.VICTORIA GOWRI, J.

Sm TO:-

1. The Principal Sessions Judge, Madurai.

2. Judicial Magistrate No.I, Madurai

3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

Order made in Dated 19.02.2026 4/4