T.Mathiyalagan v. The State Reptd. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Thursday, the Ninth day of January Two Thousand Twenty PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL MISCELLANEOUS PETITION No.232 of 2020 IN CRL A.7/2020 T.MATHIYALAGAN [ PETITIONER / APPELLANT / ACCUSED ] Vs THE STATE REPTD. BY [ RESPONDENT / COMPLAINANT ] THE INSPECTOR OF POLICE, VIGILANCE AND ANTI-CORRUPTION, VILLUPURAM DISTRICT.

CRIME NO.4 OF 2015.

Petition praying that in the circumstances stated therein and in the Memorandum of Grounds in Crl.A.No.7/2020 on the file of the High Court, the High Court will be pleased to suspend the sentence of the execution passed by the Learned Special Judge, Special Court for Prevention of Corruption Act cases at Villupuram in Special Case No.2 of 2016 dated 03.01.2020 and enlarge him on bail, pending disposal of the above Crl.A.No.7/2020.

Order : This petition coming on for orders upon perusing the petition and the Memorandum of Grounds in Crl.A.No.7/2020 on the file of the High Court and upon hearing the arguments of M/S. S.SARAVANAKUMAR, Advocate for the petitioner and of MR.C.IYYAPPARAJ, ADDITIONAL PUBLIC PROSECUTOR on behalf of the Respondent the court made the following order:- The petitioner/ appellant was sentenced to undergo four years rigorous imprisonment and shall pay a fine of Rs.5000/- in default to undergo 3 months simple imprisonment u/s.7 of Prevention of Corruption Act 1988 and to undergo four years rigorous imprisonment and shall pay a fine of Rs.5000/- in default to undergo 6 months simple imprisonment u/s.13(2) r/w. 13(1)(d) of Prevention of Corruption Act 1988 and and all the sentences of imprisonment imposed on the appellant herein are ordered to be run concurrently. Hence, the petitioner/ appellant seeks suspension of sentence. 2.Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor.

3.The learned counsel appearing for the petitioner would submit that the petitioner had surrendered before the trial court on 03.01.2020 and the petitioner is in prison for the past 6 days. He would also submit that the petitioner is aged about 60 years and he is suffering from age old ailments. Hence, he prays for the relief of suspension of sentence. He would further submit that there are several infirmities and inconsistencies found in the prosecution case. It is contended that there are contradictions in the material particulars between the evidence of the prosecution witnesses. 4.Having regard to the fact that there are arguable points involved in the appeal and further, the appeal is not likely to be taken up for final hearing in the near future and also considering the period of incarceration and the age of the petitioner, I am of the considered opinion that the appellant is entitled for the relief of suspension of sentence.

5. Accordingly, the substantive sentence of imprisonment alone is suspended and the appellant is directed to be enlarged on bail, on condition that the appellant shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only), with two sureties each for a like sum to the satisfaction of the learned Special Judge, Special Court for Prevention of Corruption Act Cases, Villupuram and on further condition that the appellant shall appear before the said Court at 10.30 a.m. on the first working day of every English Calendar month, pending appeal.

-sd/- 09/01/2020 This order, on being produced, be punctually observed and carried into execution by all concerned TRUE COPY Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.

TO 1 THE SPECIAL JUDGE SPECIAL COURT FOR PREVENTION OF CORRUPTION ACT CASES, VILLUPURAM.

2 THE SUPERINTENDENT, CENTRAL PRISON, CUDDALORE.

3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

4 THE INSPECTOR OF POLICE, VIGILANCE AND ANTI-CORRUPTION, VILLUPURAM DISTRICT.

C.C. to M/S. S.SARAVANAKUMAR Advocate on payment of necessary charges Order in CRL MP.232/2020 in CRL A.7/2020 Date :09/01/2020 From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format cs 09/01/2020