Madras High CourtCRL RC(MD)/1164/2023disposed of

Periyanayaki v. R.Santhoshkumar

2023-10-19Honourable Mr Justice P.Vadamalai3 pages

Crl.R.C(MD).No.1164 of 2023 P.VADAMALAI,J This Court while passing the order in Crl.R.C(MD).No.1164 of 2023 dated 19.10.2023, has directed the petitioner to appear before trial Court/Appellate Court as and when specially ordered by the Trial Court/Appellate Court. But in the order copy, the above said direction was not mentioned. On that ground, a clarification was required by the learned counsel for the petitioner and therefore, this case was listed today under the caption " For Being Mentioned "

2. After hearing both side counsels, order passed in Crl.R.C(MD).No.1164 of 2023 dated 19.10.2023 in paragraph Nos.4 and 5 are to be replaced as follows:- "4.The learned counsel for the petitioner would submit that condition No.1 of the impugned order is excessive and it may be modified as 20% of compensation amount. He further submitted that the petitioner is permanently residing at Kuala Limpur and due to her ill health, she is unable to appear before the trial Court every month and 1/3

medical certificate has also been produced. Therefore, he prays for modification of the above said conditions.

5. Considering the above facts and circumstances of the case, the condition No.1 of the order of the learned Principal District and Sessions Judge, Karur, made in M.P.No.1 of 2023 in C.A.No.170 of 2023 dated 07.10.2023 is modified as follows :- (i) The petitioner shall deposit 20% of the compensation amount to the credit in C.C.No.356 of 2019 on the file of the learned Judicial Magistrate, Fast Track Court @ Magistraterial Level, Karur within a period of four weeks from the date of receipt of a copy of this order and on such deposit the sentence shall be suspended failing which the petition shall stands dismissed automatically. Further the petitioner shall appear before trial Court/Appellate Court as and when specifically ordered by the Trial Court/Appellate Court."

27.11.2023 tta Note: Registry is directed to make necessary corrections in the above said order and issue a fresh order copy.

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P.VADAMALAI, J tta Order made in Crl.R.C(MD).No.1164 of 2023 Dated : 27.11.2023 3/3