CRL MP/19322/2019 of A.RAJASEKAR Vs SIVABALAN on 30 December 2019

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction )

Monday, the Thirtieth day of December Two Thousand Nineteen PRESENT

The Hon`ble Mr Justice G.R.SWAMINATHANCRIMINAL MISCELLANEOUS PETITION No.19322 of 2019IN CRL.RC.NO.868 OF 2019

A.RAJASEKAR [ PETITIONER ]

Vs

SIVABALAN [ RESPONDENT ]

Petition praying that in the circumstances stated therein andin the Memorandum of Grounds in CRL.RC.NO.868 OF 2019 on the fileof the High Court, the High Court will be pleased to suspensionthe imprisonment imposed on the petitioner by the Appellate Courtand Judgment dated 01.07.2019 made in C.A.No.284 of 2017 (on thefile of the Ist Additional District and Sessions Judge, Erode)confirming the judgment dated 06.10.2017 made in S.T.C.NO.281 OF2016 on the file of Judicial Magistrate, Fast Track Court NO.I,Erode pending disposal of the above CRL.RC.NO.868 OF 2019 [INCRL.MP.NO.19322 OF 2019]

Order : This petition coming on for orders upon perusingthe petition and the Memorandum of Grounds in CRL.RC.NO.868 OF2019 on the file of the High Court and upon hearing the argumentsof M/S. C.S.SARAVANAN, Advocate for the petitioner, the court madethe following order:- The petitioner was convicted and sentenced for the offenceunder section 138 of Negotiable Instruments Act in S.T.C.No.281 of2016 on the file of Judicial Magistrate/Fast Track Court No.1,Erode, vide judgment dated 6.10.2017 .

2. The petitioner filed an appeal before the I Addl. Districtand Sessions, Erode in C.A.No.284 fo 2017, but the same wasdismissed on 1.7.2019 , challenging the same, the petitioner filedCrl.R.C.No.868 of 2019 before this Court, wherein, inCrl.M.P.No.12745 of 2019, this Court, granted suspension ofsubstantive sentence of imprisonment imposed on the petitioner,pending disposal of the revision, on condition that thepetitioner shall deposit a sum of Rs.1,25,000/- before the trialcourt within four weeks from the date of receipt of a copy ofthat order, but then, the petitioner was not able to comply withthe condition stipulated by this Court. Therefore, the petitionercame to be arrested.

3. Now this application has been taken for grant ofsuspension of sentence and for consequential bail.

4. The learned counsel for the petitioner states that thepetitioner is now ready to deposit the amount ordered to bedeposited by this Court. He would further state that at the timeof executing sureties, a Demand Draft for such amount will bedeposited to the credit of STC.No.281 of 2016 on the file ofJudicial Magistrate, Fast Track Court-I, Erode.

5. Since the petitioner is now ready to comply with thecondition earlier imposed by this Court, the sentence ofimprisonment imposed on the petitioner will stand suspended andthe petitioner is ordered to be released on bail subject to thefollowing conditions.

a) The petitioner shall deposit 50% of the chequeamount namely Rs.1,25,000/- (rupees one lakh and twentyfive thousand only), before the trial court, within fourweeks from the date of receipt of a copy of this order andon such deposit being made the trial court shall redepositthe said amount in a fixed deposit account in anynationalised bank, so that the amount accrues interest.The disbursal of this amount shall be decided at theculmination of the revision petition. Thereafter, thepetitioner/accused is ordered to be released on bail, onhis executing a bond for a sum of Rs.10,000/- (rupees tenthousand only) with two sureties, of whom, one should be ablood relative, each for a like sum of the satisfaction ofthe learned Judicial Magistrate (Fast Track Court-I,Erode).

a) The sureties shall affix their photographs and Left ThumbImpressions in the surety bonds and the Magistrate mayobtain a copy of their Aadhaar Cards or Bank Pass Booksto ensure their identities.

b) The Petitioner/Accused shall appear before the TrialCourt at 10.30 a.m. on the first working day of everyEnglish Calender Month, until the disposal of theRevision and if he is not able to appear before theTrial Court on any day, due to unavoidable circumstances,he shall make arrangements to file an application underSection 317 of Cr.PC. and shall appear before the TrialCourt on any other day in lieu of his absence, asdirected by the Trial Court. Such an application shallnot be entertained often. Court at 10.30 a.m. on the first working day of everyEnglish Calender Month, until the disposal of theRevision and if he is not able to appear before theTrial Court on any day, due to unavoidable circumstances,he shall make arrangements to file an application underSection 317 of Cr.PC. and shall appear before the TrialCourt on any other day in lieu of his absence, asdirected by the Trial Court. Such an application shallnot be entertained often.

-sd/-

This order, on being produced, be punctually observed and carriedinto execution by all concerned Sub-Assistant Registrar (Statistics/C.S.)

High Court, Madras - 600 104. TO

1 THE JUDICIAL MAGISTRATE,FAST TRACK COURT-I, ERODE.

2 THE CHIEF JUDICIAL MAGISTRATEERODE [FOR INFORMATION]

3 THE 1ST ADDITIONAL DISTRICTAND SESSIONS JUDGE, ERODE.

4 THE SUPERINTENDENT,CENTRAL PRISON, COIMBATORE.

+1C.C. to M/S. C.S.SARAVANAN Advocate on payment of necessarycharges SR NO.26695

From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format MK:30/12/2019

MK:02/01/2020