S.Sritharanswamiji v. R.Somasundram

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.10.2025

CORAM

THE HONOURABLE MR.JUSTICE SHAMIM AHMED Crl.RC.(MD)No.1278 of 2023 Sritharan Swamiji, S/o.Sadagopan, D.No.30/1, Old No.36/2, Rows House, West Mambalam, Chennai.

... Petitioner Vs.

R.Somasundaram, S/o.Rathina Sabapathy, 84, Meenamnikar Nagar 6th Street, Jeeva Nagar, Madurai.

... Respondent Prayer : This Criminal Miscellaneous Petition filed under Section 528 of B.N.S.S. praying to amend the prayer portion as to extent the three days time, the time granted in Crl.M.P.(MD)No.10603 of 2025 in Crl.MP(MD)No.16349 of 2023 in Crl.RC(MD)No.1278 of 2023 against Crl.A.No.98 of 2023 to deposit 20% of the money before the learned 1/7

Judicial Magistrate No.1, (Fast Track Court), Madurai to execute the bail bond.

For Petitioner : Mr.S.Senthil Kumar

ORDER

Heard Mr.S.Senthil Kumar, learned counsel for the Petitioner.

2. The Criminal Miscellaneous Petition in Crl.MP(MD)No.14130 of 2025 has been filed to amend the prayer portion as to extent the three days time, the time granted in Crl.M.P.(MD)No.10603 of 2025 in Crl.MP(MD)No.16349 of 2023 in Crl.RC(MD)No.1278 of 2023 against Crl.A.No.98 of 2023 to deposit 20% of the money before the learned Judicial Magistrate No.1, (Fast Track Court), Madurai to execute the bail bond.

3. The Revision Petition in Crl.RC(MD) No.1278 of 2023, filed against the order dated 06.10.2023 in Cr.M.P.No.5723 of 2023 in Crl.A.No.98 of 2023 passed by the learned Principal District and 2/7

Sessions Judge, Madurai, insofar as it related to the first condition imposed for suspension of sentence, directing the Revision Petitioner to deposit 20% of the compensation amount within one month, by which the Revision Petitioner sought modification of the aforesaid condition which was dismissed by a Co-ordinate Bench of this Court vide order dated 30.11.2023. While dismissing the Revision Petition, the Co-ordinate bench of this Court directed the Revision Petitioner to deposit 20% of the compensation amount before the learned Judicial Magistrate No.I, Fast Track Court at Magistrate Level, Madurai, within a period of four weeks from the date of receipt of a copy of the order. Subsequently, more than five miscellaneous petitions were filed seeking an extension of time to deposit the amount, and the Co-ordinate Bench of this Court granted extensions from time to time.

4. Today, when the matter is being taken up, after some arguments Mr.S.Senthil Kumar, learned counsel for the Revision Petitioner submits that now the Revision Petitioner is ready to comply with the orders passed by the Co-ordinate bench of this Court as well as the Trial Court 3/7

and he further submits that the Revision Petitioner do not want to press this amendment petition and seeks permission of this Court to withdraw the same. He has also made an endorsement to that effect in the affidavit filed in support of the petition.

5. The learned Counsel for the Revision Petitioner also prays that a suitable direction be given to the lower Appellate Court to decide the pending appeal on merits as expeditiously as possible.

6. In view of the submissions and the endorsement made by the learned counsel for the Petitioner, this Criminal Miscellaneous Petition is dismissed as withdrawn. However, the Revision Petitioner is directed to comply with the order passed by the Trial Court as well as the Co-ordinate Bench of this Court, if not complied. Interim orders granted by this Court in Criminal Miscellaneous Petitions, if any, stands vacated. The file is consigned to record. There shall be no order as to costs. 4/7

7. The Principal District and Sessions Judge, Madurai is directed to proceed the case in Crl.A.No.98 of 2023 on merits and in accordance with law, as expeditiously as possible. The Revision Petitioner is directed to file the copy of this order before the learned Principal District and Sessions Judge, Madurai within three weeks from today.

8. Let a copy of this order be sent by the Registry to the learned Principal District and Sessions Judge, Madurai, within three weeks from today, for necessary compliance and information, to be kept in the file of the lower Appellate Court record.

23.10.2025 Index :Yes / No Internet :Yes / No NCC :Yes / No Nsr 5/7

Note: Issue Order Copy on 29.10.2025.

To:

1. The Principal District and Sessions Judge, Madurai.

2. The Judicial Magistrate No.1, Fast Track Court at Magistrate Level, Madurai.

3. The Additional Public Prosecutor, Madurai Bench of Madras High Court.

Madurai.

6/7

SHAMIM AHMED , J.

Nsr Order made in Crl.RC.(MD)No.1278 of 2023 Dated: 23.10.2025 7/7