Raveendran v. Vadivel

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Sixteenth day of November Two Thousand and Twenty Two PRESENT The Hon`ble Mr.Justice G.ILANGOVAN IN CRL RC(MD) No.1106 of 2022 RAVEENDRAN ... PETITIONER/PETITIONER Vs 1 VADIVEL 2 THE STATE OF TAMIL NADU, REP.BY THE PUBLIC PROSECUTOR NAGERCOIL.

... RESPONDENTS/RESPONDENTS 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 and conviction dt.21.7.2022 made in Crl.A.No.94 of 2012 on the file of the Learned Additional District and Sessions Judge,(Fast Track Court),Kanyakumari at Nagercoil confirming the judgment and conviction dt.08.10.2012 made in C.C.No.621 of 2012 on the file of the learned Judicial Magistrate (Fast Track Court No.I, Nagercoil and pending disposal of the Criminal Revision Petition.

Prayer in CRL RC(MD). 1106/ 2022 :

To call for records to set aside the judgment and conviction dt.21.7.2022 made in Crl.A.No.94 of 2012 on the file of the Learned Additional District and Sessions Judge,(Fast Track Court), Kanniyakumari at Nagercoil, confirming the judgment conviction dt.8.10.2012 made in C.C.No.621 of 2012 on the file of the learned Judicial Magistrate (Fast Track Court) No.I, Nagercoil, acquit the petitioner and allow the Criminal Revision Petition. Order : This petition coming up for orders on this day, upon perusing the petition filed in support thereof and upon hearing the arguments of M/S.SELVAKUMARAN T, Advocate for the petitioner and of Mr.S.MANIKANDAN, Government Advocate(crl.side) on behalf of the 2nd Respondent, While admitting the Crl.RC., the court made the following order:- This petition is filed to suspend the sentence passed in C.C.No.621 of 2012, dated 08.10.2012, by the Judicial Magistrate 1/3

(Fast Track) No.1, Nagercoil and the same was confirmed in Crl.A.No.94 of 2012, dated 21.07.2022, by the Additional District and Sessions Judge (Fast Track Court), Kanniyakumari at Nagercoil, pending disposal of the Criminal Revision.

2.Challenging the conviction and sentence, the petitioner has preferred the present Criminal Revision Case along with the instant miscellaneous petition seeking suspension of sentence. 3.The learned counsel appearing for the petitioner submitted that the total cheque amount is Rs.1,50,000/- and out of the above, he has already deposited Rs.65,000/- during the course of trial. Out of Court, the respondent agreed to receive Rs.50,000/- from this revision petitioner, towards the balance amount of Rs.85,000/-. Now, the petitioner is ready to deposit the balance amount. 4.In view of the above undertaking given by the revision petitioner, the sentence imposed on the petitioner is suspended, pending disposal of the Criminal Revision Case, with the following conditions:-

1. The petitioner shall deposit a sum of Rs.50,000/-, towards balance amount and also execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties, of whom, one should be a blood relative, each for a like sum to the satisfaction of the Judicial Magistrate (Fast Tack)No.1, Nagercoil.

2. The sureties shall affix their photographs and Left Thumb Impression in the surety bond and the trial Court may obtain a copy of their Aadhar card or Bank Pass Book to ensure their identity; and

3. The petitioner shall appear before the trial Court daily at 10.30 a.m until further orders.

sd/- 16/11/2022 / TRUE COPY / 17/11/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE ADDITIONAL DISTRICT & SESSIONS JUDGE, (FAST TRACK COURT), KANNIYAKUMARI DISTRICT AT 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 PUBLIC PROSECUTOR NAGERCOIL.

+1. C.C. to M/S.SELVAKUMARAN T Advocate SR.No.13107

ORDER

IN IN CRL RC(MD) No.1106 of 2022 Date :16/11/2022 PNM SA/VR/SAR. /17.11.2022/3P/6C 3/3