G.Ramachandran v. The Inspector Of Police Central Bureau Of Investigation

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.02.2023

CORAM:

THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI G.Ramachandran ... Petitioner/Appellant Vs.

The Inspector of Police, Central Bureau of Investigation, Anti Corruption Branch, Shastri Bhavan, 26, Haddows Road, Chennai.

... Respondent/Respondent PRAYER: Criminal Miscellaneous petition has been filed under Section 389(1) of Cr.P.C., praying to suspend the sentence imposed on the petitioner in C.C.No.3 of 2019 passed by the learned II Additional District Judge (CBI Cases), Coimbatore by the judgment dated 27.01.2023 and enlarge the petitioner on bail pending disposal of the above Criminal Appeal.

For Petitioner : Mr.G.Karthickeyan, Senior Counsel for M/s.A.Jagadeeswari For Respondent : Mr.K.Srinivasan Special Public Prosecutor

ORDER

This petition has been filed to suspend the sentence imposed on the petitioner by the Trial Court in C.C.No.3 of 2019, on the file II Additional

District Judge (CBI Cases), Coimbatore vide judgement dated 27.01.2023, pending disposal of the Criminal Appeal.

2. The learned II Additional District Judge (CBI Cases), Coimbatore, vide judgment dated 27.01.2023 passed in C.C.No.3/2019, convicted and sentenced the petitioner, as extracted hereunder. Conviction under Section Sentence 120(B) read with 420, 409, 467, 468 of IPC and Section 13(2) read with 13(1)(d) of the Prevention of Corruption Act, 1988 (Amended Act 2014) and for each of the substantive offences punishable under Sections 420 and 409 of IPC and under Section 13(2) read with 13(1) (d) of the Prevention of Corruption Act, 1988 (Amended Act 2014) 4 years rigorous imprisonment and to pay a fine of Rs.50,000/-, in default, to undergo 6 month simple imprisonment.

(Total fine imposed against A1 is Rs.80,000/-, Rs.10,000/- X 3 = Rs.30,000 + Rs.50,000/- = Rs.80,000/-) The above sentences and were ordered to run concurrently.

Challenging the above conviction and sentence, the petitioner preferred an Appeal in Crl.A.No.121/2023.

3. Challenging the conviction and sentence slapped by the Trial Court, the petitioner is before this Court.

4. The learned counsel for the petitioner submitted that there are arguable points in this Criminal Appeal. He further submitted that already, the petitioner paid the fine amount and he is in the judicial custody hence, prayed for suspension of sentence.

5. Heard the learned Special Public Prosecutor appearing for the respondent and perused the impugned judgment and the materials on record.

6. Taking into consideration of the facts and circumstances of the case, this Court finds that the petitioner has substantial grounds in this Criminal Appeal, which require detailed appraisal. Therefore, this Court is of the view that the petitioner is entitled to the relief of suspension of sentence.

7. Accordingly, it is ordered as follows.

(i) The substantive sentence of imprisonment alone is suspended

and the petitioner is directed to be enlarged on bail on condition that the petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees twenty five thousand only) with two sureties each for a like sum to the satisfaction of the learned II Additional District Judge (CBI Cases), Coimbatore.

(ii) The petitioner and the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Trial Court may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity.

(iii) The petitioner shall appear before the Trial Court, as and when required for interrogation.

gbi 22.02.2023 (2/2)

To

1. The II Additional District Judge (CBI Cases), Coimbatore. 2.The Public Prosecutor, High Court, Madras.

T.V.THAMILSELVI, J.

gbi 22.02.2023