Madras High CourtCRL MP/11610/2017ordered

P.Muthuvelraj, M/69 Years v. State By

2017-09-13Honourable Dr Justice G. Jayachandran3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Wednesday, the Thirteenth day of September Two Thousand Seventeen PRESENT The Hon`ble Dr Justice G. JAYACHANDRAN CRIMINAL MISCELLANEOUS PETITION No.11610 of 2017 IN CRL A.587/2017 P.MUTHUVELRAJ [ APPELLANT / ACCUSED ] Vs STATE BY [ RESPONDENT / COMPLAINANT ] THE INSPECTOR OF POLICE, CENTRAL BUREAU OF INVESTIGATION, ANTI CORRUPTION BRANCH (ACB), NO.26, HADDOWS ROAD, NUMGAMBAKKAM, THIRD FLOOR, CHENNAI-600 034.

Petition praying that in the circumstances stated therein and in the Memorandum of Grounds in CRL A.587/2017 on the file of the High Court, the High Court will be pleased to suspend the order of sentence inflicted on the Appellant/accused in CC.No.23 of 2012 passed by the XII Additional Special Judge for CBI Cases, City Civil Court, Chennai on 18.08.2017 till the disposal of the CRL A.587/2017 [IN CRL.MP.NO.11610 OF 2017] Order : This petition coming on for orders upon perusing the petition and the Memorandum of Grounds in CRL A.587/2017 on the file of the High Court and upon hearing the arguments of M/S.V.S.VENKATESH, Advocate for the petitioner and of MR.K.SRINIVASAN SPECIAL PUBLIC PROSECUTOR FOR CBI CASES on behalf of the Respondent the court made the following order:- Seeking to suspend the sentence imposed on the petitioner by the learned XII Additional Special Judge for CBI cases, City Civil Court, Chennai dated 18.08.2017, in C.C.No.23 of 2012 and enlarge the petitioner on bail pending disposal of criminal appeal, the petitioner is before this Court with this petition.

2. Heard the learned counsel for the petitioner and the learned Special Public Prosecutor (CBI cases) appearing for the respondent.

3. It is submitted by the learned counsel for the petitioner that the case registered against the petitioner under the provisions of Prevention of Corruption Act is certainly exaggerated. The petitioner being a private candidate has been convicted. Points for arguments in the appeal establishes innocence of the petitioner. The fine amount has already been paid and the petitioner is entitled for

suspension of sentence.

4. In the light of the above facts, I am inclined to allow this miscellaneous petition and the order passed by the XII Additional Special Judge for CBI cases, Chennai dated 18.08.2017 in C.C.No.23 of 2012 is suspended on condition that the petitioner shall execute a bond for a sum of Rs.1,00,000/- (Rupees One lakh only) with two sureties each for a like sum to the satisfaction of the learned XII Additional Special Judge for CBI cases, City Civil Court, Chennai. Further, the petitioner shall appear before the trial Court on every first working day of every month at 10.30 a.m until further orders.

-sd/- 13/09/2017 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 INSPECTOR OF POLICE, CENTRAL BUREAU OF INVESTIGATION, ANTI CORRUPTION BRANCH (ACB), NO.26, HADDOWS ROAD, NUMGAMBAKKAM, 3RD FLOOR, CHENNAI-600 034.

2 THE XII ADDITIONAL SPECIAL JUDGE FOR CBI CASES, CITY CIVIL COURT, CHENNAI.

3 THE SPECIAL PUBLIC PROSECUTOR, FOR CBI CASES, HIGH COURT, MADRAS.

+1C.C. to M/S.V.S.VENKATESH Advocate on payment of necessary charges SR NO.17584 Order in CRL MP.11610/2017 in CRL A.587/2017 Date :13/09/2017 From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format MK:14/09/2017