A.Thiruvengadam v. State Rep.By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction ) Wednesday, the Fifth day of February Two Thousand Twenty PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL MISCELLANEOUS PETITION No.1170 of 2020 IN CRL.A.NO.61 OF 2020 A.THIRUVENGADAM [ PETITIONER / APPELLANT / ACCUSED ] Vs STATE REP.BY [ RESPONDENT / COMPLAINANT ] THE INSPECTOR OF POLICE, VIGILANCE AND ANTI CORRUPTION, VILLUPURAM.
CR.NO.10 OF 2010.
Petition praying that in the circumstances stated therein and in the Memorandum of Grounds in Crl.A.No.61/2020 on the file of the High Court, the High Court will be pleased to suspend the sentence imposed by the judgment dated 21.01.2020 made in Special Case No.63 of 2014 passed by the learned Special Court for Prevention of Corruption Act Cases, villupuram, till the disposal of the Crl.A.No.61/2020.
Order : This petition coming on for orders upon perusing the petition and the Memorandum of Grounds in Crl.A.No.61/2020 on the file of the High Court and upon hearing the arguments of M/S.A.SASIDHARAN, Advocate for the petitioner and of MR.C.IYYAPPARAJ, ADDITIONAL PUBLIC PROSECUTOR on behalf of the Respondent the court made the following order:- Appellant was convicted for the offence under Sections 7 and 13(2) r/w 13(1)(d) of Prevention of Corruption Act, 1988 and sentenced for each offences to undergo four years rigorous imprisonment and to pay a fine of Rs.5,000/-, in default to undergo simple imprisonment for six months for the offence under Section 7 of Prevention of Corruption Act, 1988, by the learned Special Court for Prevention of Corruption Act cases, under judgment in S.C.No.63 of 2014 dated 21.01.2020. Hence, the appellant seeks suspension of sentence.
2.The learned counsel for the appellant would submit that there are lot of material contradictions in the evidence of the prosecution and the prosecution evidence is also highly unbelievable. He would further submit that the appellant is now confined in Central Prison, Cuddalore.
3.Heard the submissions of the learned Additional Public Prosecutor.
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, 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/- 05/02/2020 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 INSPECTOR OF POLICE, VIGILANCE AND ANTI CORRUPTION, VILLUPURAM.
4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
+1 C.C. to M/S.A.SASIDHARAN Advocate on payment of necessary charges SR.No.2196 Order in CRL MP.1170/2020 in CRL.A.61/2020 Date :05/02/2020 From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format cs 06/02/2020