Nanthakumar v. The Inspector Of Police
CRL MP(MD) No.15686 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Sixteenth day of December Two Thousand and Twenty Two PRESENT The Hon`ble Dr.Justice G.JAYACHANDRAN and The Hon`ble Mr.Justice SUNDER MOHAN CRL MP(MD) No.15686 of 2022 in Crl.A(MD)No.582 of 2022 NANTHAKUMAR ... PETITIONER/ACCUSED Vs THE STATE REP. BY, THE INSPECTOR OF POLICE, VIRALIMALAI POLICE STATION, PUDUKOTTAI DISTRICT.
(IN CRIME NO.311 OF 2020). ... RESPONDENT/COMPLAINANT Petition filed praying that in the circumstances stated therein and in the petition filed therewith the High Court may be pleased to Modify the condition that the petitoner/A3 shall execute a bond for a sum of Rs. 25000/- with two sureties, of whom, one should be a blood relative, each for a like sum to the satisfaction of the learned Principal District and Sessions Judge, Pudukkottai imposed upon the Petitioner in Crl.M.P.(MD) No.11550 of 2022 in Crl.A.(MD) No.582 of 2022 dated 29.11.2022.
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.YAMUNA.R, Advocate for the petitioner and of MR.S.RAVI, Additional Public Prosecutor on behalf of the Respondent, the court made the following order:- The petitioner is the third respondent was found guilty by the trial Court for offence under Sections 394 r/w 397 IPC and sentenced to undergo life imprisonment and pay a fine of Rs.5 lakhs, as compensation, in default to undergo 5 years simple imprisonment. 2.When the appeal filed by the petitioner, suspension of sentence was ordered by this Court and he was directed to execute a bond for a sum of Rs.25,000/- with two sureties, of whom, one should be a blood relative, each for like sum to the satisfaction of the learned Principal District and Sessions Judge, Pudukottai. Expressing his inability to arrange for blood relatives, who have solvency worth Rs.25,000/-, the present petition is filed for modification.
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CRL MP(MD) No.15686 of 2022 3.The learned counsel appearing for the petitioner submitted that the petitioner hails from lowest strata of Society and his mother and sister are ready to stand surety for him. However, they did not have any solvency worth Rs.25,000/- and therefore, seeks modification, so that, the suspension of sentence granted by this Court can be enjoyed by the petitioner.
4.On considering the aforesaid submission, this Court is inclined to modify the condition to the effect that the petitioner shall execute a bond for a sum of Rs.25,000/- and furnish three sureties, of whom, any one of the sureties shall furnish bond for a sum of Rs.25,000/- and two of them shall necessarily be blood relative. All the other conditions imposed by this Court shall remain unaltered.
sd/- 16/12/2022 / TRUE COPY / 21/12/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO
1. THE PRINCIPAL DISTRICT AND SESSIONS JUDGE, PUDUKKOTTAI.
2. THE JUDICIAL MAGISTRATE, ILLUPPUR.
3. DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, PUDUKKOTTAI DISTRICT.
4. THE INSPECTOR OF POLICE, VIRALIMALAI POLICE STATION, PUDUKOTTAI DISTRICT.
5. THE SUPERINTENDENT, CENTRAL PRISON, TRICHY.
6. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.YAMUNA.R, Advocate ( SR-15066[I] dated 19/12/2022 ) ORDER IN CRL MP(MD) No.15686 of 2022 in Crl.A(MD)No.582 of 2022 Date :16/12/2022 ns USK/SSS/SAR-IV/21.12.2022/2P/8C https://www.mhc.tn.gov.in/judis 2/2