M.P. Sekar v. Francis Joseph

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Fourteenth day of June Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL MP(MD) No.4330 of 2018 IN CRL RC(MD) No.315 of 2018 M.P.SEKAR ... PETITIONER/PETITIONER Vs FRANCIS JOSEPH ... RESPONDENT/RESPONDENT Petition praying that in the circumstances stated therein and in the petition filed therewith the High Court will be pleased to enlarge the petitioner on bail by suspending the sentence imposed by the Principal District and sessions Judge, Ramanathapuram in C.A.No. 12/2017 by judgment dated 06.03.2018 pending the disposal of the main Criminal Revision Petition on the file of this Honourable court Order :This petition coming on for orders upon perusing the petition filed in support thereof and upon hearing the arguments of MR.S.

RAMASAMY, Advocate for the petitioner and of MR.SUYAMBULINGA BHARATHI, Advocate on behalf of the Respondent, while admiting the Crl.RC., the court made the following order:- The petitioner is a sole accused. He was acquitted in S.T.C.No.385 of 2014 by the learned Judicial Magistrate No.I, Ramanathapuram, which was reversed in C.A.No.12 of 2017 by the learned Principal District and Sessions Judge, Ramanathapuram.

2. After trial, he has been convicted and sentenced as under: Conviction Sentence Section 138 of N.I.Act 2 years S.I. + 5,000/- i/d 3 months S.I. and also ordered compensation of Rs.10,00,000/- and same was given to the respondent herein within 1 month 3.Fine amount has not paid by the petitioner. https://hcservices.ecourts.gov.in/hcservices/ 4.In the facts and circumstances, perusing the impugned Judgments and the materials on record, I am of the view that certain

eminently arguable points are involved in this criminal revision. They are required to be examined in detail in the main criminal revision. Further, it will take some time for the disposal of the criminal revision. On considerations, this petition is ordered as under:

(i) Revision bail is granted.

(ii)Substantial sentence alone is suspended on condition that the petitioner shall execute a bond for Rs.10,000/- (Rupees ten thousand only) with two sureties for the like sum each to the satisfaction of the learned Judicial Magistrate No.I, Ramanathapuram.

(iii) The petitioner shall appear before the said Court on the first working day of every month at 10.30 a.m., until further orders.

sd/- 14/06/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.I, RAMANATHAPURAM DISTRICT 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, RAMANATHAPURAM DISTRICT.

3 THE PRINCIPAL DISTRICT AND SESSIONS JUDGE, RAMANATHAPURAM.

+1. C.C. to MR.S.RAMASAMY Advocate SR.No.10667

ORDER

IN CRL MP(MD) No.4330 of 2018 IN CRL RC(MD) No.315 of 2018 Date :14/06/2018 (1/2) PK/CM-VR/GSR/19.06.2018 : 2P/5C https://hcservices.ecourts.gov.in/hcservices/