Sree Srinivasa Syndicate v. The State Rep.By Its
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 05.05.2021 Coram The Honourable Mr.Justice G.R.Swaminathan Crl.M.P.No.5639 of 2021 in Crl.A.No.226 of 2021 1.Sree Srinivasa Syndicate Rep. by its Managing Partner, J.Ilanchezhian 2.J.Ilanchezhian 3.D.Chandra Bai 4.Brindachini 5.R.Sai Lakshmi 6.K.Saisaravanan 7.S.Thiruvengadam 8.Ramesh @ Balasubramaniam 9.M.Sekar 10.R.Balakrishnan
...Petitioners
Versus
The State Rep. by its Deputy Superintendent of Police, E.W.O.II, Erode, Crime No.4 of 2002, Erode District.
...Respondent
This Criminal Miscellaneous Petition is filed under Section 389
(1) of Crl.P.C praying for suspending the sentence of imprisonment imposed on the petitioners in the judgment dated 24.03.2021 made in C.C.No.74 of 2008 on the file of the learned Special Judge, Special Court under TNPID Act, Coimbatore (C.C.No.11 of 2007 - TNPID Court, Chennai) pending disposal of this Criminal Appeal before this Court. For Petitioners :
Mr.N.Manokaran For Respondent :
Ms.Sharadha Devi, Government Advocate
O R D E R
The above Criminal Appeal has been filed as against the judgment and sentence passed by the learned Special Judge, Special Court under TNPID Act, Coimbatore in C.C.No.74 of 2007 dated 24.03.2021. The petitioners herein were convicted for offence under Section 5 of TNPID Act, 1997. Since the first petitioner was a financial establishment the learned Special Judge directed the petitioners to pay a fine of Rs.1,00,000/- equally in default to undergo simple imprisonment for one year. Further, the petitioners were sentenced to undergo simple imprisonment for three years and to pay a fine of Rs.1,00,000/- each in default to undergo simple imprisonment for one year. Both the sentences are ordered to run concurrently. Challenging the aforesaid judgment and sentence passed by the Court below, the petitioners have filed the above appeal and this Miscellaneous Petition seeking suspension of sentence of imprisonment.
2. The learned counsel for the petitioners submitted that the petitioners have already deposited the entire fine amount of Rs.13,00,000/- before the Court below.
3. Heard the learned counsel on both sides.
4. Considering the facts and circumstances of the case coupled with the fact that there are arguable points which require a consideration in the appeal and the appeal cannot be taken up for hearing in the near future, this Court is inclined to suspend the sentence imposed by the Court below.
5. Accordingly, the sentence imposed by the Court below vide judgment made in C.C.No.74 of 2008 dated 24.03.2021 on the file of Special Court under TNPID Act, Coimbatore is hereby suspended and the petitioners are directed to be enlarged on bail, on condition that the petitioners shall execute a separate 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 TNPID Case, Coimbatore and to appear before the learned Special Judge, Special Court for TNPID Case, Coimbatore, on the first working day of every month at 10.30 a.m. until further orders. -sd/- 05/05/2021 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, SPECIAL COURT UNDER TNPID ACT, COIMBATORE.
2 DEPUTY SUPERINTENDENT OF POLICE, E.W.O.II, ERODE, ERODE DISTRICT.
3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
+2 C.C. to M/S.N.MANOHARAN Advocate on payment of necessary charges Sr.Nos.5920 & 5921 Order in CRL MP.5639/2021 in Crl.A.No.226 of 2021 Date :05/05/2021 From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format RVR 11/05/2021