Chandrasekarareddy v. State Represented By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Monday, the Twenty Eighth day of January Two Thousand Nineteen PRESENT The Hon`ble Mr Justice V. PARTHIBAN CRIMINAL MISCELLANEOUS PETITION No.1250 of 2019 IN CRL A.62/2019 1 CHANDRASEKARAREDDY [ PETITIONERS ] 2 RAMAMOORTHYREDDY @ VENUGOPAL 3 BALAKRISHNAN 4 MADESH 5 ABBAIYA S/O.MARGA MUNIYAPPA @ UDAIYAPPA 6 ABBAIYA S/O.MUNIRASAPPA 7 SANTHOSH 8 BABU 9 KRISHNAPPA 10 GANESH 11 NARASIMMA REDDY 12 KRISHNAN 13 RAJAPPA Vs STATE REPRESENTED BY [ RESPONDENT ] THE INSPECTOR OF POLICE, BAGALUR POLICE STATION, HOSUR, KRISHNAGIRI DISTRICT.

CR.NO.340 OF 1998.

Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to suspend the sentence passed in SC.No.505 of 2018 dated 07.01.2019 by the Special Court for Cases Related to Elected Members of Parliament and Members of Legislative Assembly of Tamil Nadu, Chennai, release the petitioners on bail pending disposal of the above Crl.A.No.62 of 2019.

Order : This petition coming on for orders upon perusing the petition and the filed in support thereof and upon hearing the arguments of M/S.K.SELVAKUMARASWAMI, Advocate for the petitioners, and of MR. V.SARATHA DEVI, Govt. Advocate ( Crl. Side), on behalf of the Respondent, the court made the following order:-

The above Criminal Appeal is filed against the Judgment of conviction passed by the Special Court for Cases Related to Elected Members of Parliament and Members of Legislative Assembly of Tamil Nadu, Chennai in S.C.No.505 of 2018, dated 07.01.2019, convicting the appellants/accused, who were arrayed as Accused Nos.A2, A4, A7, A10, A17, A18, A20, A21, A24, A25, A44, A67 and A76 for the offences under various provisions of the Indian Penal Code and Tamil Nadu Property (Prevention of Damage and Loss) Act 1992 (in short, TNPPD Act). The maximum sentence imposed on them is three years simple imprisonment with usual default clause. Hence, the petitioners/accused seek for suspension of sentence.

2.This Court, vide its earlier order, dated 11.1.2019, in Crl.M.P.Nos.615& 619 of 2019 in Crl.A.No.29 of 2019, has dismissed the petition seeking suspension of sentence, in respect of accused No.72. Therefore, this Court does not think that the present petitioners/accused, who are also involved in the same crime as that of Accused No.72, not entitled to get any interim protection, pending disposal of the appeal. Therefore, this petition seeking suspension of sentence shall stand dismissed for the present. Post the appeal along with Appeal No.29 of 2019, in the first week of February, 2019, for final disposal.

-sd/- 28/01/2019 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 COURT FOR CASES RELATED TO ELECTED MEMBERS OF PARLIAMENT AND MEMBERS OF LEGISLATIVE ASSEMBLY OF TAMIL NDAU, CHENNAI.

2 THE INSPECTOR OF POLICE, BAGALUR POLICE STATION, HOSUR, KRISHNAGIRI DISTRICT.

3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

C.C. to M/S.K.SELVAKUMARASWAMI Advocate on payment of necessary charges Order in CRL MP.1250/2019 in CRL A.62/2019 Date :28/01/2019 From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format TA-31/01/2019