S.Saravanan v. State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 04.07.2022 CORAM :
THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY Crl.MP.No.1349 of 2022 in Crl.A.No.104 of 2022 Saravanan ... Petitioner
Versus
State Represented by Inspector of Police, Economic Offences Wing-II, Coimbatore.
(Crime No.6 of 2013) ... Respondent Prayer: Criminal Miscellaneous Petition filed under Sections 389(2) & 439 of the Code of Criminal Procedure to suspend the execution of the sentence passed by the special Judge of Special Court formed under TNPID Act at Coimbatore vide judgment dated 08.10.2021 passed in C.C.No.20 of 2014 against the Petitioner/petitioner and to release on bail the Petitioner/petitioner who was remanded to Judicial Custody after Judgment pending the disposal of the above appeal. For Petitioner : Mr.Y.Arulmanickam For Respondent : Mr.S.Vinoth Kumar, Government Advocate (Crl.Side)
ORDER
This Criminal Miscellaneous Petition has been filed by the petitioner, seeking suspension of sentence, imposed by the learned special Judge of Special Court under TNPID Act at Coimbatore, in C.C.No.20 of 2014, dated 08.10.2021 and to enlarge the petitioner on bail till the disposal of the appeal.
2. Heard the learned Counsel for the petitioner and the learned Government Advocate (Crl.Side) appearing for the respondent.
3. Considering the nature of conviction being under the TNPID Act, the fact that the petitioner requires suspension of sentence both in respect of the substantive sentence as well as the fine amount, the fact that already a sum of Rs.2,00,000/- has been deposited by the petitioner and considering the fact that the total
fine amount is Rs.11,00,000/- and also the fact that the co-accused in this case has been enlarged on bail,I am inclined to suspend the sentence and grant bail to the petitioner on the following conditions:- (a) the petitioner shall deposit a sum of Rs.2,00,000/- (Rupees Two Lakhs only) to the credit of C.C.No.20 of 2014 on the file of the learned Special Judge, Special Court under TNPID Act, Coimbatore. (b) the petitioner and the sureties shall affix their photographs and left thumb impressions in the surety bonds and the learned Magistrate may obtain a copy of their Aadhar Cards or Bank Pass books to ensure their identities;
(c) the petitioner shall appear before the Trial Court on the first working day of every English Calendar Month at 10.30 A.M until the disposal of the Criminal Appeal and if he is not able to appear before the Trial Court on any day, he shall make arrangements to file an application under Section 317 of Cr.P.C., and shall appear before the Trial Court on any other day in lieu of the date of his absence, as directed by the Trial Court.
4. Accordingly, the sentence of imprisonment as well as the fine against the petitioner shall stand suspended, pending disposal of the Criminal Appeal.
-sd/- 04/07/2022 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 UNDER TNPID ACT, COIMBATORE.
2 THE SUPERINTENDENT, CENTRAL PRISON, COIMBATORE.
3 INSPECTOR OF POLICE, ECONOMIC OFFENCE WING-II, COIMBATORE
4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
+2 C.C. to M/S Y.ARULMANICKAM Advocate on payment of necessary charges Sr.10539 Order in CRL MP.1349/2022 in Crl.A.No.104 of 2022 Date :04/07/2022 From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format RVR 05/07/2022