M.Balakrishnan, v. L.P.Brindha,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Twenty Ninth day of June Two Thousand Eighteen PRESENT The Hon`ble Mrs.Justice R.THARANI CRL MP(MD) No.3911 of 2018 IN CRL RC(MD) No.291 of 2018 M.BALAKRISHNAN ... PETITIONER / PETITIONER Vs L.P.BRINDHA ... 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 by the Judgement dated 14/12/2017 made in Criminal Appeal No.68/2008 on the file of the Additional District and Sessions Judge, Theni and enlarge the petitioner on bail pending disposal of the above Crl.R.C.
Order : This petition coming on for orders upon perusing the petition filed in support thereof and upon hearing the arguments of MR.M.JERIN MATHEW, Advocate for the petitioner and the court made the following order:- This Criminal Miscellaneous petition is listed today (29.06.2018), under the caption "for reporting compliance".
2. Earlier, the petitioner filed Miscellaneous Petition in Crl.M.P.(MD).No.3911 of 2018, seeking suspension of sentence. This Court by order dated 06.06.2018, granted interim suspension of sentence till 29.06.2018. The operative portion of the order reads as follows:- (i)the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the learned Trial Judge may obtain a copy of their Aadhar Card or Bank Pass Book to ensure their identity.
(ii) the petitioner shall appear before the Trial Court on the first working day of every English Calendar month at 10.30 a.m., until the disposal of the appeal and if he is not able to appear before the Trial Court on any day, he shall make arrangements to file an application under Section 317 Cr.P.C., and shall appear https://hcservices.ecourts.gov.in/hcservices/
before the Trial Court on any other day in lieu of the date of his absence, as directed by the Trial Court.
(iii)the petitioner shall deposit a sum of Rs.3,00,000/-(Rupees three lakhs only) to the credit of S.T.C.No.113 of 2006, before the learned District Munsif, Theni, before 28.06.2018; and (iv)on such deposit, the learned District Munsif, Theni, shall re-deposit the sum of Rs.3,00,000/-(Rupees three lakhs only) in any Nationalised Bank, so that, the amount accrues interest and the same can be disbursed depending upon the outcome of the Criminal Revision case in Crl.R.C.(MD).No.291 of 2018.
3. Today, the learned counsel for the petitioner submits that the petitioner could not accumulate a fund of Rs.3,00,000/-(Rupees three lakhs only) and require further time to deposit of the same before the lower Court. At request of the learned counsel for the petitioner time to deposit of Rs.3,00,000/-(Rupees three lakhs only), before the concerned Court is extended by till 13.07.2018.
4. Post the matter on 16.07.2018, 'for reporting compliance'. sd/- 29/06/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE ADDITIONAL DISTRICT AND SESSIONS JUDGE, THENI 2 THE DISTRICT MUNSIF, THENI SJI JAM/04/07/2018/ JC/RNB/ 2P-3C ORDER IN CRL MP(MD) No.3911 of 2018 IN CRL RC(MD) No.291 of 2018 Date :29/06/2018 https://hcservices.ecourts.gov.in/hcservices/