Madras High Court
S.Arul Sengol Raj vs State Of Tamil Nadu on 23 December, 2021
CRL.O.P.No.24984 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 23.12.2021
CORAM:
THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR
CRL.O.P.No.24984 of 2021
1.S.Arul Sengol Raj
2.A.Kalaiselvi ... Petitioners
Versus
State of Tamil Nadu:
Represented by:
Inspector of Police,
Central Crime Branch,
Vepery, Chennai.
(CCB Crime No.96 of 2013) ... Respondent
PRAYER: Criminal Original Petition filed under Section 482 of the Code
of Criminal Procedure, to modify the condition of depositing 20 percent of
compensation amount before the trial Court to the credit of
C.C.No.186/2014, within, the period of one month, in the order dated
01.12.2021 in Crl.M.P.No.5192 of 2021 in Crl.A.No.86 of 2021, passed
by the learned Principal District and Sessions Judge, Thiruvallur.
For Petitioners : Mr. D. Percivul Pericles
For Respondent : Mr. E. Raj Thilak,
Additional Public Prosecutor
Page No.1 of 6
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CRL.O.P.No.24984 of 2021
ORDER
This Criminal Original Petition is filed to modify the
condition of depositing 20 percent of compensation amount before the trial
Court to the credit of C.C.No.186/2014, within, the period of one month,
in the order dated 01.12.2021 in Crl.M.P.No.5192 of 2021 in Crl.A.No.86
of 2021, passed by the learned Principal District and Sessions Judge,
Thiruvallur.
2. The petitioners are A1 and A2 in C.C.No.186 of 2014, were
convicted by the trial Court dated 04.10.2021, for the offences under
Section 406, 420 r/w 34, 120(b) of IPC. The petitioners were sentenced to
undergo rigorous imprisonment of two years and directed to pay a
compensation of Rs.94,04,250/-.
3. Aggrieved against the judgment, passed in C.C.No.186 of
2014, the petitioners had filed appeal before the Principal District and
Sessions Court at Thiruvallur, in C.A.No.86/2021, in the appeal, the
petitioners had filed petition under Section 389(1) Cr.P.C., for suspension
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CRL.O.P.No.24984 of 2021
of sentenced in Crl.M.P.No.5102/2021, by order dated 01.12.2021, had
directed the petitioners, jointly and severally to deposit 20% of the
compensation amount to the credit of C.C.No.186/2014, within a period of
one month and directed to deposit the amount on or before 23.12.2021.
4. The learned counsel for the petitioners submitted that the
condition imposed by the trial Court is an onerous one. The trial Court
without going into the merits of the case, had imposed a compensation
amount of Rs.94,04,250/-. Further the lower appellate Court had directed
the petitioners to pay 20% of the compensation amount, this condition is
also an onerous one and they are unable to pay the compensation amount.
Further, the petitioners relied upon the decision reported in (2007) 6 SCC
528 (Dilip S. Dahanukar Vs. Kotal Mahindra Co.Ltd and another).
5. The learned Additional Public Prosecutor, appearing for the
respondent would submit that in this case several innocent public have
been cheated by the petitioners. The victims in this case are P.W.1 to
P.W.41, and all the witnesses are deposed against the petitioners and the
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CRL.O.P.No.24984 of 2021
petitioners have cheated the victims, they have also produced the ARC
saving card which was issued by the petitioners and made believe the
victims that the money is properly received giving acknowledgment of the
money receipt.
6. Further submitted that the case has been registered and
charge sheet has been filed in the year 2013, for the past seven years, they
successfully evading the trial finally, the trial Court judgment has been
passed. At this stage, the petition need not be entertained. The victims
right to be considered.
7. Considering the facts and circumstances of the case, this
Court is not inclined to modify the condition. It is found that 41 persons
have been cheated to the tune of Rs.94,04,250/-. The lower appellate
Court had rightly considered and passed an order with reasonable
condition of deposit of 20% of the compensation amount which, this Court
is not inclined to interfere with the order passed by the trial Court.
8. The contention of the petitioner is that the petitioners are
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CRL.O.P.No.24984 of 2021
unable to mobilise the fund within 23.12.2021, seeks short accommodation
which is considered and one month time is given to the petitioners to
deposit 20% of the compensation amount before the trial Court to the
credit of C.C.No.186/2014, on or before 02.02.2022.
9. With the above direction, this criminal original petition is
disposed of.
23.12.2021
Index: Yes/No
Internet: Yes/No
AT
https://www.mhc.tn.gov.in/judis
CRL.O.P.No.24984 of 2021
M.NIRMAL KUMAR, J.
AT
To
1.The Inspector of Police,
Central Crime Branch,
Vepery, Chennai.
2.The Public Prosecutor,
High Court, Madras.
CRL.O.P.No.24984 of 2021
23.12.2021
https://www.mhc.tn.gov.in/judis
