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S.Jeyakannan v. Jeyachitra

2025-10-29Honourable Mr.Justice Shamim Ahmed6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.10.2025 THE HONOURABLE MR.JUSTICE SHAMIM AHMED in CRL.R.C.(MD)No.1352 of 2025 S.Jeyakannan S/o. Subburaj, Door No. B 67, TNHB Kudiyiruppu, Sivakasi West, Sivakasi Taluk, Virudhunagar District.

Petitioner(s) Vs 1.Jeyachitra W/o. Jeyakannan, 2.Minor. Varun Krishna, S/o. Jeyachitra, (Minor 2nd respondent represented by his mother S. Jeyachitra) Both are residing at No.2/1524-P, Ramasamy Nagar, Siththurajapuram, Sivakasi Taluk, Virudhunagar District.

... Respondents PRAYER: Criminal Miscellaneous Petition is filed under Section 528 of BNSS, 2023, to advance the hearing of the case in Crl.M.P.(MD)No. 14944 of 2025 in Crl.R.C(MD)No.1352 of 2025 from 12.11.2025 to any 1/6

other suitable date in near future and list the matter for disposal as per the convenience of this Court.

For Petitioner :Mr.K.K.Samy

O R D E R

The Criminal Miscellaneous Application has been filed by the Revision Petitioner to advance the hearing of the case in Crl.M.P. (MD)No.14944 of 2025 in Crl.R.C(MD)No.1352 of 2025 from 12.11.2025 to any other suitable date in near future 2.Heard Mr.K.K.Samy, learned Counsel for the Revision Petitioner. 3.This Court, vide order, dated 17.10.2025, had passed the following order:

"The Criminal Miscellaneous Petition is filed to suspend the sentence imposed by the learned Judicial Magistrate No.I, Sivakasi, in Crl.M.P.No.1711 of 2018 dated 09.10.2025, till the disposal of the revision petition.

2. The Criminal Revision Petition has been filed against the judgment in Crl.M.P.No.1711 of 2018 2/6

passed by the learned Judicial Magistrate No.I, Sivakasi, dated 09.10.2025, whereby the Revision Petitioner is directed to pay maintenance to the Respondents from August 2015 till date totalling Rs.12,20,000/- and Rs.10,00,000/- as compensation. After deducting Rs.50,000/- which was already paid, the balance is Rs.11,70,000/-. Aggrieved against the same, the Revision Petitioner has filed Criminal Revision Petition along with the instant miscellaneous petition, seeking suspension of sentence and bail.

3. Heard Mr.K.K.Samy, learned counsel appearing for the Petitioner.

4. When the matter is taken up for hearing, Mr.K.K.Samy, learned counsel for the Revision Petitioner submits that the Revision Petitioner is now ready to deposit 50% of the maintenance amount ie.,Rs.5,85,000/- (Rupees Five Lakh and Eighty Five Thousand only) to the credit of Crl.M.P.No.1711 of 2018 on the file of the Judicial Magistrate No.I, Sivakasi, within three weeks from today, to show his bonafide and undertakes to produce the deposit receipt on or before the next date fixed by way of supplementary affidavit. Thus, he prays that some time be granted to deposit the said amount before the Trial Court.

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5. Accordingly, as prayed for by the learned Counsel for the Revision Petitioner, this Court grants three weeks time to the Revision Petitioner to deposit 50% of the compensation amount ie.,Rs.5,85,000/- (Rupees Five Lakh and Eighty Five Thousand only) to the credit of Crl.M.P.No.1711 of 2018 on the file of the Judicial Magistrate No.I, Sivakasi. The learned counsel is also directed to produce the deposit receipt before this Court by way of supplementary affidavit on the next date fixed.

6. Put up the case "For Orders" on 12.11.2025 for consideration of the application for suspension of sentence and for grant of bail to the petitioner, before appropriate bench."

4.Today, when the matter is being taken up, Mr.K.K.Samy, learned Counsel for the Revision Petitioner submits that in compliance of the order passed by this Court, dated 17.10.2025, the Revision Petitioner has deposited 50% of the arrears amount towards maintenance ie.,Rs.5,85,000/- (Rupees Five Lakh and Eighty Five Thousand only) to the credit of Crl.M.P.No.1711 of 2018 on the file of the Judicial 4/6

Magistrate No.I, Sivakasi, on 23.10.2025. The learned Counsel for the petitioner also submits that he has also filed the deposit receipt in the present application, which finds place at Pg.No.12 of the paper book. The learned Counsel for the petitioner further submits that the matter is very urgent, as the petitioner is in jail and thus, he prays that the application for suspension of sentence may be disposed of by fixing an early date.

5. Accordingly, after considering arguments, as advanced by the learned Counsel for the Revision Petitioner and also considering the fact that the Revision Petitioner has deposited 50% of the arrears amount towards maintenance, as directed by this Court, dated 17.10.2025, this Criminal Miscellaneous application is disposed of and the application of suspension of sentence in Crl.M.P.(MD)No.14026 of 2025 in Crl.R.C.(MD)No.1352 of 2015 is taken up today for necessary disposal. 29.10.2025 Nsr 5/6

SHAMIM AHMED, J.

Nsr in CRL.R.C.(MD)No.1352 of 2025 29.10.2025 6/6