Anbalagan v. Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.01.2023

CORAM

THE HON'BLE MRS. JUSTICE T.V.THAMILSELVI in Crl.A.No.31 of 2023 P.Anbalagan ... Petitioner/Appellant Vs.

State of Tamil Nadu rep by its The Inspector of Police, Vigilance and Anti-Corruption, Special Investigation Cell, Chennai.

(Crime No.6/2012/AC/HQ.

... Respondent PRAYER: Criminal Miscellaneous Petition filed under Section 389(1) r/w 439 of Cr.P.C., pleased to suspend the sentence and enlarge the petitioner/appellant on bail in C.C.No.3 of 2014 Judgment dated 16.12.2022 made by the learned Special Court for Cases under Prevention of Corruption Act 1988 at Chennai, pending disposal of the Criminal Appeal on the file of this Court.

1/6

For Petitioner : Mr.M.Vimal Bobby Crimson For Respondent : Mr.Leonard Arul Joseph Selvam Government Advocate (Crl.Side)

O R D E R

This Criminal Miscellaneous Petition has been filed by the petitioner/appellant, seeking suspension of sentence of imprisonment, imposed by the learned Special Court for Cases under Prevention of Corruption Act, Chennai, vide judgment in C.C.No.3 of 2014 dated 16.12.2022.

2. In and by the judgment of the Trial Court, the petitioner/ appellant was convicted for the offence under Section 7 of Prevention of Corruption Act, and sentenced to undergo one year Rigorous Imprisonment and to pay a fine of Rs.1,000/- in default to undergo three months simple imprisonment and he is further ordered to undergo two years of rigorous imprisonment and pay a fine of Rs.1,000/- in default to undergo three months simple imprisonment for the offence under Section 13(2) r/w 13(1)(d) of Prevention of Corruption Act, against which, the present appeal has been filed.

3. According to the learned counsel for the petitioner/appellant, there are arguable points available in the Criminal Appeal, which is not likely 2/6

to be taken for final hearing in the near future and the petitioner/appellant has got a fair chance of succeeding in the Criminal Appeal and hence, the sentence imposed against the petitioner/appellant may be suspended and the petitioner/appellant may be enlarged with bail. He further submitted that the trial Court has suspended the sentence till 19.01.2023.

4. Learned Government Advocate (Crl.side) appearing for the respondent submitted that the prosecution has proved the case beyond reasonable doubts and the trial Court on finding the petitioner/appellant guilty convicted him as stated above. Therefore, he vehemently opposed for grant of suspension of sentence.

5. Heard the learned counsel for the petitioner/appellant and the learned Government Advocate (Crl.Side) appearing for the respondent and perused the materials on record.

6. Considering the facts and circumstances of the case and also considering the submissions of the learned counsel for the petitioner/appellant, this Court is of the view that the sentence of imprisonment can be suspended 3/6

on certain conditions. Accordingly, till the disposal of the Criminal Appeal, suspension of sentence and bail are granted, on the following conditions :- i. The petitioner/appellant shall execute 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 Court for the cases under Prevention of Corruption Act, Chennai;

ii. The petitioner/appellant shall appear before the Trial Court on the first working day of every English Calendar month at 10.30 a.m., until further orders.

7. With the above directions, the Criminal Miscellaneous Petition is ordered accordingly.

12.01.2023 2/2 msrm Note: Issue order copy on 19.01.2023 To

1. The Special Judge, Special Court for the cases under Prevention of Corruption Act, Coimbatore.

2. The Inspector of Police, Vigilance and Anti-Corruption, 4/6

Special Investigation Cell, Chennai.

3. The Government Advocate (Crl.Side), High Court of Madras.

5/6

T.V.THAMILSELVI , J.

msrm in Crl.A.No.31 of 2023 12.01.2023 2/2 6/6