Chandran v. Sheeba Bowshli

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Twenty Eighth day of August Two Thousand Eighteen PRESENT The Hon`ble Dr.Justice G.JAYACHANDRAN CRL MP(MD) No.6766 of 2018 IN CRL RC(MD) No.498 of 2018 CHANDRAN ... PETITIONER/ PETITIONER Vs 1 SHEEBA BOWSHLI 2 THE STATE OF TAMIL NADU REP.BY PUBLIC PROSECTOR, NAGERCOIL, KANYAKUMARI DISTRICT.

... RESPONDENTS/ RESPONDENTS Petition praying that in the circumstances stated therein and in the petition filed therewith the High Court may be pleased to enlarge the petitioner on bail by suspending the sentence imposed upon him in C.C.No.4/2010 on the file of the Learned II Additional District Munsif, Nagercoil, Kanyakumari District dated 16/11/2011, which had been confirmed by Judgement dated 07/06/2018 in Crl.A.No.127/2011 on the file of the Learned Principal Sessions Judge, Kanaykumari District at Nagercoil 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.A.THIRUVADI KUMAR, Advocate for the petitioner, While admitting the CRL RC, the court made the following order:- Heard the learned counsel for the petitioner / appellant and the learned Government Advocate (Criminal side), for the respondent police.

2.The petitioner was prosecuted for the offences under Section 138 of Negotiable Instrument Act. After trial, the Learned II Additional District Munsif, Nagercoil, Kanyakumari District has found him guilty for the offences under Section 138 of Negotiable Instrument Act and sentenced to undergo six months simple imprisonment and to pay a fine of Rs.5,000/- in default to undergo 2 months simple imprisonment which conviction and sentence was confirmed in Crl.A.No.127 of 2011 on the file of the learned Principal Sessions Judge, Kanyakumari Division at Nagercoil, by Judgment dated 07.06.2018. Certain arguable points have been raised by the learned counsel for the petitioner.

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3.In the light of the above fact, this Court is inclined to suspend the substantive sentence of imprisonment pending disposal of this Civil Revision Case. Accordingly, this petition is allowed and the substantive sentence of imprisonment imposed on the petitioner / appellant alone is suspended and the petitioner is directed to be enlarged on bail, on the following conditions: 4.The petitioner shall deposit a sum of Rs.50,000/-(Rupees Fifty Thousand only) to the credit of C.C.No.4 of 2010, on or before 11.09.2018. He shall executed bond for Rs.10,000/- with two sureties each for a like sum to the satisfaction of the learned II Additional District Munsif, Nagercoil, Kanyakumari District and on further condition that the petitioner shall report before the concerned Court on the first working day of every English calender month at 10.30 a.m., until further orders.

sd/- 28/08/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE II ADDITIONAL DISTRICT MUNSIF, NAGERCOIL, KANYAKUMARI DISTRICT.

2. THE PRINCIPAL SESSIONS JUDGE, KANAYKUMARI DISTRICT AT NAGERCOIL

3. THE PUBLIC PROSECTOR, NAGERCOIL, KANYAKUMARI DISTRICT.

+1. C.C. to Mr.A.THIRUVADI KUMAR Advocate SR.No.16321

ORDER

IN CRL MP(MD) No.6766 of 2018 IN CRL RC(MD) No.498 of 2018 Date :28/08/2018 MS/VR/SAR-1/03.09.2018/2P.5C https://hcservices.ecourts.gov.in/hcservices/