A.Sekar v. K.Bagavathi

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the First day of August Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice K.K. RAMAKRISHNAN IN CRL RC(MD) No.541 of 2023 A.SEKAR ... PETITIONER/PETITIONER Vs K.BAGAVATHI ... RESPONDENT/RESPONDENT Criminal Miscellaneous Petition filed praying that in the circumstances stated therein and in the petition filed therewith the High Court may be pleased to suspend the sentence imposed on the petitioner by the judgment passed in Learned Additional District and Sessions Court (Fast Track Court), Nagercoil in Crl.A.50 of 2016 dated 19.01.2023 confirmed the judgment passed by the Judicial Magistrate (Fast Track Court) No.1, Nagercoil in S.T.C.No.259 of 2014 dated 24.05.2016 and enlarge the petitioner on bail till the disposal of the above Criminal Revision Petition.

Prayer in CRL RC(MD). 541/ 2023 :

To call for the records relating to the Judgment passsed by the Learned Additional District and Sessions Court (Fast Track Court), Nagercoil in Crl.A.No.50 of 2016 dated 19.01.2023 confirmed the judgment passed by the Learned Judicial Magistrate (Fast Track Court) No.1, Nagercoil in S.T.C.No.259 of 2014 dated 24.05.2016 and set aside the same.

Order : This criminal miscellaneous petition coming up for orders on this day, upon perusing the petition filed in support thereof and upon hearing the arguments of M/S.JEGADEESWARAN.R., Advocate for the petitioner, the court made the following order:- 1/3

On 04.07.2023, this Court passed a detailed order upon recording the petitioner's undertaking through his counsel that he will deposit 25% of the cheque amount before the Judicial Magistrate No.1 (Fast Track Court), Nagercoil, in S.T.C.No.259 of 2014 within a period of four weeks.

2. Today, when the matter was taken up for hearing, without complying the conditional order, the learned counsel for the petitioner seeks an adjournment.

3. In view of the non-compliance of the conditional order passed by this Court on 04.07.2023, the suspension of sentence granted by this Court stands vacated. Accordingly, this Criminal Miscellaneous petition is dismissed.

4. The Jurisdictional police are directed to secure the accused and confine him in prison.

sd/- 01/08/2023 / TRUE COPY / 11/08/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

SBN To TO 1 THE ADDITIONAL DISTRICT AND SESSIONS JUDGE (FAST TRACK COURT), NAGERCOIL.

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2 THE JUDICIAL MAGISTRATE NO.I, (FAST TRACK COURT), NAGERCOIL.

3 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, KANYAKUMARI DISTRICT AT NAGERCOIL.

4 THE INSPECTOR OF POLICE, ASARIPALLAM POLIE STATION, KANYAKUMARI DISTRICT.

5 THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1CC to M/s.J.SULTHAN BASHA, Advocate, SR-11746(I), dated 03.08.2023.

ORDER

IN IN CRL RC(MD) No.541 of 2023 Date :01/08/2023 ED/ /SAR- (11/08/2023) 3P / 7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3