S.Neelakandasubramanian v. Deputy Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Friday, the Eighth day of March Two Thousand Nineteen PRESENT The Hon`ble Mr Justice A.D.JAGADISH CHANDIRA CRIMINAL MISCELLANEOUS PETITION No.3514 of 2019 IN CRL.A.NO.135 OF 2019 S.NEELAKANDASUBRAMANIAN [ PETITIONER ] Vs DEPUTY SUPERINTENDENT OF POLICE [ RESPONDENT ] VIGILANCE AND ANTI CORRUPTION, ERODE.

Petition praying that in the circumstances stated therein and in the Memorandum of Grounds in CRL.A.NO.135 OF 2019 on the file of the High Court, the High Court will be pleased to suspend the sentence passed in Spl.CC.No. 7 of 2015 by the Learned Special Judge and Chief Judicial Magistrate,Erode on 26.2.2019 and to enlarge the Appellant/Accused on bail till the disposal of the CRL.A.NO.135 OF 2019.

Order : This petition coming on for orders upon perusing the petition and the Memorandum of Grounds in CRL.A.NO.135 OF 2019 on the file of the High Court and upon hearing the arguments of M/S.V.N.KRISHNAMURTHY, Advocate for the petitioner and of MR.K.PRABAKAR, ADDITIONAL PUBLIC PROSECUTOR (V AND AC) on behalf of the Respondent the court made the following order:- The petition has been filed to suspend the sentence of imprisonment imposed in the judgment dated 26.02.2019 made in Spl.C.C.No.07 of 2015 on the file of the learned Chief Judicial Magistrate/Special Judge, Erode pending disposal of the appeal.

2. The petitioner/appellant herein is the accused in Special Case No.07 of 2015 on the file of the learned Chief Judicial Magistrate/Special Judge, Erode. He was found guilty of the offences u/s.7 & 13(2) r/w 13(1) & (d) of Prevention of Corruption Act, 1988 and he has been convicted and sentenced as under: S.No.

Conviction Sentence 1.

Section 7 of P.C Act 1 year R.I and fine of Rs.5,000/- in default to undergo S.I for 3 months 2 years R.I. and fine of Rs.10,000/- in default to undergo S.I for 6 months.

Aggrieved against the same, the petitioner has preferred this appeal. 2.

Section 13(2) r/w 13 (1)(d) of P.C Act,

3. The case of the prosecution is that the petitioner/appellant was working as Village Administrative Officer, Konthalam "A" Village and that he had demanded Rs.1,000/- as illegal gratification for patta transfer in respect of his agricultural lands from PW2/Vadivel and thereafter, on information given by the said Vadivel/P.W.2 to the respondent a trap was laid on 12.11.2003 and the petitioner/appellant was got red handed while accepting the bribe amount and thereby, the respondent registered a case for the offences punishable under Sections 7 and 13(2) r/w 13(1) & (d) of Prevention of Corruption Act, 1988. After filing of final report, the petitioner was tired and found guilty and convicted as stated above.

4. The learned counsel for the petitioner/appellant would submit that after registration of the case the petitioner/appellant was arrested and remanded to judicial custody and thereafter released on bail on furnishing sureties. Thereafter, the trial was conducted and that the petitioner has been convicted as stated above. He would further submit that on a petition being filed the trial Court had suspended the sentence till 25.03.2019 and that he has also paid the fine amount.

5.

The learned counsel for the petitioner/appellant would submit that while the petitioner/appellant was on bail during the trial he has not misused the liberty granted to him during the trial. He would also submit that there are arguable points available in the appeal and that the petitioner has got a fair chance of succeeding the appeal and would pray that it may take some time for the records to be made ready and the appeal being listed for final hearing. Therefore, he prays for grant of suspension of sentence to the petitioner/appellant.

6.

The learned Additional Public Prosecutor has raised objections for suspending the sentence.

7. Taking into consideration the submissions made by the learned counsels and also considering that there are arguable points available in the appeal, I am inclined to suspend the substantive sentence of imprisonment alone subject to the following conditions that:- (i) the petitioner shall execute a bond for a sum of Rs.50,000/- (Rupees Fifty thousand only) with two sureties each for a like sum to the satisfaction of the learned Chief Judicial Magistrate/Special Judge, Erode.

(ii) the petitioner shall appear before the above said Court on the first working day of every English Calendar month at 10.30 a.m., until further orders.

-sd/- 08/03/2019 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 JUDGE AND CHIEF JUDICIAL MAGISTRATE, ERODE.

2 DEPUTY SUPERINTENDENT OF POLICE, VIGILANCE AND ANTI CORRUPTION, ERODE.

3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS. ( V AND AC) +1C.C. to M/S.V.N.KRISHNAMURTHY Advocate on payment of necessary charges in SR.NO. 4960 Order in CRL MP.3514/2019 IN CRL.A.NO.135 OF 2019 Date :08/03/2019 From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format MLT-11/03/2019