Madras High Court
CRL OP/34695/2019 of R.KRISHNAMURTHY Vs MUTHAMIZH MUDHALVAN on 30 December 2019
COURT OF JUDICATURE AT MADRAS DATED :30.12.2019 CORAM THE HON'BLE
IN THE HIGH COURT OF JUDICATURE AT MADRAS
THE HON'BLE MR.JUSTICE G.R.SWAMINATHAN
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1. Dr.R.Krishnamurthy ...Petitioner in Crl.O.P.No.34695/20192. Dr.R.Lakshmipathy ...Petitioner in Crl.O.P.No.34702/2019
Vs.
Muthamizh Mudhalvan ...Respondent in both petitions Common Prayer:- Criminal Original Petitions filed underSection 482 of Cr.P.C to stay the operation of the portion ofthe order dated 20.12.2019 passed in Crl.M.P.Nos.2727 & 2728of 2019 in C.A.No.45 of 2019 imposing condition of appearanceof the petitioner and sign before the Judicial Magistrate, I,Krishnagiri, on 1[st] working day of every month at 10.30 am andto execute bond for a sum of Rs.10,000/- with two suretieseach for a like sum on the satisfaction of the JudicialMagistrate – I, Krishnagiri, pending on the file of Districtand Sessions Judge, Krishnagiri, pending disposal of the aboveCriminal Original Petition.
Heard learned Senior Counsel appearing for thepetitioners and the learned Senior Counsel appearing for therespondent.
2. The respondent has instituted a private complaintunder Section 500 IPC against the petitioners herein. The caseagainst them ended in conviction and sentence on 05.09.2019 inC.C.No.273/2006 on the file of the Judicial Magistrate No.I,Krishnagiri and questioning the same, the petitioners hadfiled Crl.A.No.45 of 2019 before the District Sessions Judge,Krishnagiri and vide order dated 20.12.2019, the AppellateCourt had suspended the sentence on condition that the petitioners should execute a bond for a sum of Rs.10,000/-with two sureties each for a like sum to the satisfaction ofthe Judicial Magistrate, I Krishnagiri on 1[st] working day ofevery month at 10.30 am until disposal of the appeal.Aggrieved by the said condition, these Criminal OriginalPetitions have been filed.
3. The learned counsel appearing for the respondent /complainant submitted that these are usual conditions that areimposed by the Appellate Court while suspending the sentenceimposed by the Trial Court and that he called upon this Courtto dismiss the Original Petition as lacking in merits.
4. The learned Senior Counsel appearing for thepetitioners points out that the petitioners were directed topay a compensation amount of Rs.5 lakhs (each) apart frombeing sentenced to undergo simple imprisonment for two years.The learned Senior Counsel appearing for the petitioner wouldfurther state that a sum of Rs.10 lakhs has been deposited asfine amount.
5. I find it strange that the petitioners should becalled upon to execute a bond for a sum of Rs.10,000/- withtwo sureties each when they had deposited Rs.10.00 lakhs andtherefore, considering the facts and circumstances of thecase, the first condition imposed by the Appellate Court thatthe petitioners should furnish two sureties each, is deleted.The petitioners shall of course have to execute personalbonds.
6. The learned senior counsel appearing for thepetitioners states that Dr.R.Krishnamurthy is suffering fromDementia and he is aged about 89 years and therefore he mayhave difficulty in travelling to Krishnagiri.
7. Considering the special circumstances pleaded by thelearned Senior Counsel, Dr.R.Krishnamurthy is permitted toexecute his own bond before the XXIII Metropolitan Magistrate,Saidapet on or before 25.01.2020.
8. The other petitioner viz., Dr.R.Lakshmipathy, shallhowever appear before the Judicial Magistrate - I, Krishnagirifor executing his own bond.
9. As rightly pointed out by the learned Senior Counselthat the petitioners are associated with a prestigious dailynewspaper. The possibility of their absconding is nil. Hence,the condition that they should sign before the JudicialMagistrate I, Krishnagiri at 10.30 am on 1[st] working day ofevery month during the pendency of the appeal, is alsodeleted.
10. These Criminal Original Petitions are allowed withthe above directions. Sd/- Assistant Registrar(CS-III)
//True Copy// Sub Assistant Registrar
skTo1.The Judicial Magistrate No-I, Krishnagiri.
2. District and Sessions Judge, Krishnagiri.+2cc to M/s.S.Elambharathi, Advocate SR.106839,106840
Crl.O.P.Nos.34695 & 34702 of 2019
AD(CO)CB(03/01/2020)