P.Srinivasan v. State By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction ) Thursday, the Second day of November Two Thousand Seventeen PRESENT The Hon`ble Dr Justice G. JAYACHANDRAN CRIMINAL MISCELLANEOUS PETITION No.12841 of 2017 IN CRL A.641/2017 P.SRINIVASAN [ PETITIONER ] Vs STATE BY [ RESPONDENT ] INSPECTOR OF POLICE, VIGILENCE AND ANTI-CORRUPTION CELL, TRICHY.
(CR.NO.33/2008) Petition praying that in the circumstances stated therein and in the Memorandum of Grounds in Criminal Appeal No.641/2017 on the file of the High Court, the High Court will be pleased to suspend the conviction of sentence imposed upon the petitioner/appellant in Spl.C.C.No.11 of 2012 on the file of the Chief Judicial Magistrate/Special Judge at Ariyalur dated 18.09.2017 and enlarge the petitioner on bail pending disposal of the above appeal in C.A.No.Sr.44910 of 2017 on the file of this Honble Court. Order : This petition coming on for orders upon perusing the petition and the Memorandum of Grounds in Crl. Appeal No.641/2017 on the file of the High Court and upon hearing the arguments of M/S.R.RAJASEKARAN, Advocate for the petitioner and of MR.P.GOVINDARAJAN ADDITIONAL PUBLIC PROSECUTOR on behalf of the Respondent the court made the following order:- Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor.
2. The petitioner, who has been detained in prison since the date of judgment, seeks suspension of sentence.
3. The learned Additional Public Prosecutor has filed a counter affidavit in the main appeal stating that since the conviction is for a period of seven years and over all evidence is against the petitioner, which is clear, cogent and trustworthy, suspension of sentence need not be accorded.
4. However, taking note of the fact that the petitioner has raised some arguable points in the grounds of appeal, the sentence of
imprisonment alone is suspended and the petitioner is directed to be enlarged on bail on condition that he shall deposit a sum of Rs.1,00,000/- (Rupees one lakh only) to the credit of Spl.Case No.11 of 2012 on the file of the Chief Judicial Magistrate/Special Judge, Ariyalur and furnish two sureties each for a like sum to the satisfaction of the Chief Judicial Magistrate/Special Judge, Ariyalur. This Court further directs that one of his sureties shall be his blood relative and that the petitioner shall report before the Trial Court on every second Monday of the English calendar month until further orders.
-sd/- 02/11/2017 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 CHIEF JUDICIAL MAGISTRATE SPECIAL JUDGE,ARIYALUR 2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
3 THE SUPERINTENDENT CENTRAL PRISON, TRICHY 4 STATE BY INSPECTOR OF POLICE, VIGILENCE AND ANTI-CORRUPTION CELL, TRICHY.
+1 C.C. to M/S.R.RAJASEKARAN Advocate on payment of necessary charges SR.NO. 20320 Order in CRL MP.12841/2017 in CRL A.641/2017 Date :02/11/2017 From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format RD 06/11/2017