Madras High CourtCRL MP/13131/2017ordered

R.Kumaresan, M/A 48 Years, v. The State Rep By

2017-10-24Honourable Dr Justice G. Jayachandran3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Tuesday, the Twenty Fourth day of October Two Thousand Seventeen PRESENT The Hon`ble Dr Justice G. JAYACHANDRAN CRIMINAL MISCELLANEOUS PETITION No.13131 of 2017 IN CRL A.664/2017 R.KUMARESAN [ PETITIONER / APPELLANT / ACCUSED ] Vs THE STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, VIGILANCE AND ANTI CORRUPTION, SALEM DISTRICT.

CR.NO.02/AC/2013.

Petition praying that in the circumstances stated therein the High Court will be pleased to suspend the sentence imposed on the petitioner by learned Special Judge, (Special Court for Trail of cases under the Prevention of Corruption Act), Salem in Spl.C.C.No.112 of 2014 dated 22.09.2017 u/s.7 and 13(2) r/w. 13(1) (d) of the Prevention of Corruption Act and release the petitioner on bail, IN CRL.MP.NO.13131 OF 2017 [IN CRL.A.NO.664 OF 2017] Order : This petition coming on for orders upon perusing the petition and upon hearing the arguments of M/S.JURY BRAIN LAW OFFICES, Advocate for the petitioner and of PUBLIC PROSECUTOR on behalf of the Respondent the court made the following order:- This petition has been filed to suspend the sentence imposed on the petitioner by the learned Special Judge, (Special Court for Trial of cases under the Prevention of Corruption Act), Salem in Spl.C.C.No.112 of 2014 by judgment dated 22.09.2017, convicted and sentenced the petitioner as under:

Conviction Sentence under Section Section 13(2) r/w. 13(1) (d) of Prevention of Corruption Act Two years rigorous imprisonment and to pay a fine of Rs.10000/- in default to undergo simple imprisonment for one year Section 7 of Prevention of Corruption Act One year rigorous imprisonment and to pay a fine of Rs.5000/- in default to undergo simple imprisonment for six months

2. Challenging the same, the present appeal has been filed along with this petition for suspension of sentence.

3. Taking into consideration of the submission of the learned counsels appearing on both sides, since there are some arguable points available in the appeal, I am inclined to pass the following orders: The substantive sentence imposed against the petitioner alone is suspended on condition that i) the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees ten thousand only) with two sureties each for a like sum to the satisfaction of the learned Special Judge, (Special Court for Trial of cases under the Prevention of Corruption Act), Salem, within the period of two weeks and also ii) the petitioner shall appear before the said Magistrate Court on the first working day of every English calendar month at 10.30 a.m, until further orders.

4. Post the matter after two weeks.

-sd/- 24/10/2017 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, VIGILANCE AND ANTI CORRUPTION, SALEM.

2 THE SPECIAL JUDGE, [SPECIAL COURT FOR TRIAL OF CASES UNDER THE PREVENTION OF CORRUPTION ACT], SALEM.

3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+1C.C. to M/S.JURY BRAIN LAW OFFICES Advocate on payment of necessary charges SR NO.19803 Order in CRL MP.13131/2017 in CRL A.664/2017 Date :24/10/2017 From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format MK:25/10/2017