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Madras High CourtCRL MP(MD)/3001/2020allowed

M/S. Swathi Steels, v. C.Ashok

2020-06-11Honourable Mr Justice G.R.Swaminathan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT, MADURAI ( Criminal Jurisdiction ) Date :11.06.2020 PRESENT THE HON`BLE MR.JUSTICE G.R.SWAMINATHAN CRL MP(MD). No.3001 of 2020 in CRL RC(MD) No.11 of 2020

1. M/s. Swathi Steels, Rep by its Proprietor, M.P.Sivaramakrishnan, Vekkaliamman Complex, Allithurai Road, Puthur, Tiruchirapalli.

2. M.P.Sivaramakrishnan, S/o Paramasivam, Vekkaliamman Complex, Allithurai Road, Puthur, Tiruchy.

:Petitioners/Revision Petitioners Vs C.Ashok, S/o Chellappa, TA, The Woods Apartments, Anna Nagar, Tennur, Puthur, Trichy.

:Respondent/Respondent For Petitioners : M/s.AL.Kannan For Respondent :Mr.T.Selvan PETITION FOR RELAXATION Under Sec.439(1)b of Cr.P.C PRAYER:- To relax the condition imposed on the petitioner in Crl.M.P.(MD) No.67 of 2020 in Crl.R.C.(MD) No.11 of 2020. Prayer in Crl RC(MD)No. 11 of 2020 This Criminal Revision filed under Section 397 read with 401 of Cr.P.C praying to call for the records relating to the judgment of conviction and sentence dated 02.03.2019 in Criminal Appeal No.127 of 2018 on the file Sessions Judge, Tiruchirapalli Division, Tiruchirapalli confirming the Judgment of Conviction and sentence dated 25.08.2018 in S.T.C No.768 of 2015 on the file Judicial Magistrate No.II, Tiruchirapalli and set aside the same. 1/3

ORDER: The Court Made the following order :- The petition has been filed to relax the condition imposed on the petitioner in Crl.M.P.(MD) No.67 of 2020 in Crl.R.C.(MD) No.11 of 2020.

2. The petitioner was convicted by the Courts below. Questioning the same, the petitioner filed Crl.R.C(MD) No.11 of 2020. The petitioner also sought for suspension of sentence and the same was granted by this Court on condition that he should deposit a sum of R.7,00,000/- to the credit of STC No.768 of 2015 on the file of the Judicial Magistrate No.II, Trichy and further condition that he should appear before the trial Court daily at 10.30 am.

3. The learned counsel for the petitioner submitted that the petitioner has complied with the condition of depositing Rs.7,00,000/- before the trial Court and complying with the condition of appearing before the trial Court regularly and he prays for relaxation of the said condition.

4. The learned Government Advocate (Criminal Side) submitted that the petitioner has been complying with the condition regularly.

5. Taking into consideration the fact that the petitioner has deposited a sum of Rs.7,00,000/- before the trial Court and also he is complying with the condition regularly, the condition imposed by this court in Crl.M.P.(MD) No.67 of 2020 on 23.01.2020 is totally relaxed. However, the petitioner shall report before the respondent as and when required for interrogation.

Sd/- Assistant Registrar (crl side) // True Copy // / /2020 Sub Assistant Registrar(CS) vrn Note: In view of the present lock down owing to COVID -19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

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To

1. The Sessions Judge, Tiruchirappalli Division, Tiruchirappalli.

2. The Chief Judicial Magistrate, Tiruchirappalli.

3. The Judicial Magistrate No.II, Tiruchirappalli.

Order made in CRL MP(MD). No.3001 of 2020 in CRL RC(MD) No.11 of 2020 11.06.2020 VB (18.06.2020) 3P 4C 3/3