P. Kanagaraj, v. State By The Inspector Of

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Thursday, the Ninth day of January Two Thousand Twenty PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL MISCELLANEOUS PETITION No.1967 of 2016 IN CRL A.141/2016 P.KANAGARAJ [ PETITIONER / APPELLANT/ ACCUSED ] Vs STATE BY [ RESPONDENT / RESPONDENT / THE INSPECTOR OF POLICE, COMPLAINANT ] VIGILANCE AND ANTICORRUPTION WING, VELLORE DISTRICT.

CR.NO.6/2004.

Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to enlarge the petitioner on bail by suspending the sentence imposed on the petitioner by the learned Special Judge cum Chief Judicial Magistrate at Vellore, Vellore District in Special Case No.2 of 2005 by its judgment dated 06.04.2015 pending appeal in C.A.No.141/2016. Order : This petition coming on for orders upon perusing the petition and the filed in support thereof and upon hearing the arguments of M/S.N.SUDHARSAN, Advocate for the petitioner and of THE PUBLIC PROSECUTOR [V & AC] on behalf of the Respondent the court made the following order:- The case of the prosecution is that the petitioner who is panchayath clerk has demanded Rs.200/- as illegal gratification to discharge his public duty. The trial court had convicted and sentenced him to undergo one year rigorous imprisonment and fine of Rs.1000/- in default one month simple imprisonment under Section 13(2) r/w.13(1)(d) of Prevention of Corruption Act, 1988.

2. Against which the petitioner had filed an appeal and a petition praying to enlarge him on bail by suspending the sentence imposed and the said petition was ordered on 22.02.2016 with the following conditions:

(i) Appeal bail granted;

(ii) Sentence of imprisonment alone is suspended;

(iii) There shall be two sureties, they and the petitioner shall execute a bond for Rs.15,000/- (Rupees Fifteen Thousand only) each to the satisfaction of the learned Special Judge/ Chief Judicial Magistrate, Vellore.

(iv) Petitioner shall also appear on every Monday and Friday at 10.30 a.m before the Special Judge until further orders.

3. The learned Additional Public Prosecutor would submit that the petitioner had not complied with the conditions imposed by this court. Hence, he prays to cancel the bail granted.

4. Considering the facts and circumstances of the case and in view of the submission made by the learned Additional Public Prosecutor that the petitioner has not complied with the conditions imposed by this Court, this Court is inclined to cancel the bail granted to the petitioner. Accordingly, the bail granted by this court is cancelled. The petitioner shall surrender before the learned Special Judge/Chief Judicial Magistrate, Vellore forthwith or the respondent police shall take him into custody. -sd/- 09/01/2020 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/ CHIEF JUDICIAL MAGISTRATE, VELLORE 2 THE SUPERINTENDENT, CENTRAL PRISON,VELLORE 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

4 THE INSPECTOR OF POLICE, VIGILANCE AND ANTICORRUPTION WING, VELLORE DISTRICT.

C.C. to M/S.N.SUDHARSAN Advocate on payment of necessary charges Order in CRL MP.1967/2016 in CRL A.141/2016 Date :09/01/2020 From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format cs 20/01/2020