Madras High CourtCRL MP/5710/2021disposed of

Sri Sabari Andavar Emu Farms v. The State Rep By

2021-08-24Honourable Mr Justice P. Velmurugan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Tuesday, the Twenty Fourth day of August Two Thousand Twenty One PRESENT The Hon`ble Mr Justice P. VELMURUGAN CRIMINAL MISCELLANEOUS PETITION No.5710 of 2021 IN CRL A.236/2021 1 SRI SABARI ANDAVAR EMU FARMS, (REPRESENTED BY A-2) 2 T.ESWARAMOORTHY [ PETITIONER / APPELLANT / ACCUSED -1 & 2 ] Vs STATE, REPRESENTED BY [ RESPONDENT / RESPONDENT / COMPLAINANT ] THE INSPECTOR OF POLICE, ECONOMIC OFFENCES WING II UNIT, COIMBATORE Petition praying that in the circumstances stated therein and in the Memorandum of Grounds in CRL A.236/2021 on the file of the High Court, the High Court will be pleased to suspend the sentence imposed in C.C.No.18 of 2014, on the file of the Special Judge, Special Court under TNPID Act, Coimbatore, against the petitioners/Appellants pending disposal of the CRL A.236/2021 [IN CRL.MP.NO.

5710 OF 2021] Order : This petition coming on for orders upon perusing the petition and the Memorandum of Grounds in CRL A.236/2021 on the file of the High Court and upon hearing the arguments of M/S.ILAYARAJA KANDASAMY, Advocate for the petitioner and of MR.S.SUGENDRAN Govt. Advocate (Crl. Side) on behalf of the Respondent the court made the following order:- This miscellaneous petition has been filed seeking suspension of sentence imposed on the petitioners/appellants by judgment dated 15.04.2021 made in C.C.No.18 of 2014 by the learned Special Judge, Special Court under TNPID Act, Coimbatore.

It is seen that the petitioners were charged for the offence under Sections 406 and 420 of IPC and Section 5 of TNPID Act, 1997. The Special Court, by judgment dated 15.04.2021, convicted the petitioners/appellants for the charged offences and imposed fine of Rs.15,00,000/-, but, so far, the petitioners/appellants have not paid the amount and now has also filed miscellaneous petition under Section 391 Cr.P.C. seeking to adduce further evidence, pending disposal of the above criminal appeal.

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Hence, this Court is not inclined to grant suspension of sentence and accordingly this miscellaneous petition is dismissed. -sd/- 24/08/2021 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 THE OFFICER INCHARGE, SUB-JAIL, AVINASI.

3 THE INSPECTOR OF POLICE, ECONOMIC OFFENCES WING II UNIT, COIMBATORE 4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

C.C. to M/S.ILAYARAJA KANDASAMY Advocate on payment of necessary charges Order in CRL MP.5710/2021 in CRL A.236/2021 Date :24/08/2021 From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format MK:25/08/2021 https://hcservices.ecourts.gov.in/hcservices/