Crl.O.P.(MD).No.17646 of 2026 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.08.2026 CORAM: THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR Crl.O.P(MD)No.17646 of 2026 Radha ... Petitioner/Petitioner Vs Rajesh ... Respondent/Respondent PRAYER: Criminal Original Petition is filed under Section 528 of BNSS, 2023, to set aside the order dated 18.11.2025 in Crl.M.P.No.3537 of 2025 in C.A.No.191 of 2025 on the file of the Principal Sessions Judge, Kanyakumari to the extent of imposition of deposit of 20% of the compensation amount. For Petitioner : Mr.S.Louis ORDER The present petition has been filed by the appellant in C.A.No.191 of 2025, on the file of the learned Principal Sessions Judge, Kanyakumari, seeking to set aside the order dated 18.11.2025 in Crl.M.P.No.3537 of 2025, wherein, the appellate Court had imposed a condition upon the petitioner to 1/4 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD).No.17646 of 2026 deposit 20% of the compensation amount as a condition precedent for suspension of sentence. 2. The petitioner has suffered an order of conviction and sentence in S.T.C.No.869 of 2018 on the file of the Judicial Magistrate, Fast Track Court, Nagercoil. Challenging the same, the petitioner has preferred an appeal in C.A.No.191 of 2025 on the file of the Principal Sessions Judge, Kanyakumari along with the appeal. The petitioner has filed Crl.M.P.No.3537 of 2025 seeking suspension of sentence. As a condition precedent for granting an order of suspension of sentence, the trial Court has imposed a condition of deposit of 20% of the total compensation amount. This order is put to challenge. 3. According to the learned counsel appearing for the petitioner, due to the financial circumstances of the petitioner, he is not in a position to deposit 20% of the compensation amount and hence, the present petition. 4. Heard the learned counsel appearing for the petitioner and perused the materials avaialable on record. 2/4 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD).No.17646 of 2026 5. Considering the submissions made on the side of the petitioner, there shall be a direction to the petitioner to deposit a sum of Rs.75,000/- (Rupees Seventy Five Thousand only) before the concerned Court on or before 18.09.2026. All other aspects of the order stands confirmed. 6. With the above said observation, this Criminal Original Petition is disposed of. 17.08.2026 NCC : Yes/No Index : Yes / No Internet : Yes / No ebsi To 1. The Principal Sessions Judge, Kanyakumari. 2. The Judicial Magistrate, Fast Track Court, Nagercoil. 3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 3/4 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD).No.17646 of 2026 R.VIJAYAKUMAR,J. ebsi Crl.O.P(MD)No.17646 of 2026 17.08.2026 4/4 https://www.mhc.tn.gov.in/judis