Muthukaruppiah v. Rajalakshmi

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Third day of August Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice K.K. RAMAKRISHNAN IN CRL RC(MD) No.627 of 2023 MUTHUKARUPPIAH ... PETITIONER/PETITIONER Vs 1 RAJALAKSHMI 2 MINOR RAMPRASATH ..RESPONDENTS/RESPONDENTS (MINOR 2ND RESPONDENT HEREIN REPRESENTED BY HIS MOTHER/NATURAL GUARDIAN 1ST RESPONDENT HEREIN), 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 of Imprisonment imposed by the Learned Judicial Magistrate No.II, Sattur in Cr.M.P.No.5170 of 2022 in M.C.No.14 of 2020 dated 16.05.2023 and enlarge the petitioner/appellant on bail, pending disposal of the above Criminal Revision Petition.

PRAYER IN CRL RC(MD). 627/ 2023 :

To call for the records relating to the order passed in Cr.M.P.No.5170 of 2022 in M.C.No.14 of 2020 dated 16.05.2023 on the file of the Learned Judicial Magistrate No.II, Sattur and Set aside the same and allow the Criminal Revision Petition. 1/3

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.SARAVANAKUMAR P, Advocate for the petitioner and of MR.S.PRABHA, Advocate for the Respondent, the court made the following order:- The learned counsel for the petitioner submitted that by the order of this Court, dated 07.07.2023, the petitioner was granted suspension of sentence on condition to deposit 50% of arrears amount before the Court below and the same has been complied with by him.

2.The learned counsel for the respondents has also affirmed the above submission made by the learned counsel for the petitioner. 3.Since, the petitioner has already deposited 50% of arrears of maintenance amount, the first respondent/wife is permitted to withdraw the same upon proper application.

4.However, the petitioner is directed to pay Rs.8,000/- as monthly maintenance to the respondents without any fault till the disposal of the Revision. sd/- 03/08/2023 / TRUE COPY / /08/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

DSS 2/3

TO THE JUDICIAL MAGISTRATE NO.II, SATTUR.

DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR DISTRICT AT SRIVILLIPUTHUR.

THE SUPERINTENDENT, CENTRAL PRISON, MADURAI.

THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN Date :03/08/2023 PKP/VR/SAR-3 /14.08.2023/ 3P/ 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3