R.Gunasekaran v. State Represented By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction ) Friday, the Eighth day of December Two Thousand Seventeen PRESENT The Hon`ble Mr Justice P. VELMURUGAN CRIMINAL MISCELLANEOUS PETITION No.15668 of 2017 IN CRL A.132/2010 R.GUNASEKARAN [ PETITIONER ] Vs 1 STATE REPRESENTED BY [ RESPONDENT ] THE INSPECTOR OF POLICE, VIGILANCE & ANTI CORRUPTION, CITY II DETACHMENT, CHENNAI.
(CRIME NO.6/AC/2004/CC-II).
Petition praying that in the circumstances stated therein and in the Memorandum of Grounds in Crl.A.No.132/2010 on the file of the High Court, the High Court will be pleased to suspend the sentence imposed in Crl.Appeal No.132 of 2010 for a period till the filing of appeal before the Supreme Court and may pass any other order or orders as this Honble Court. Order : This petition coming on for orders upon perusing the petition and the Memorandum of Grounds in Crl.A. No.132/2010 on the file of the High Court and upon hearing the arguments of M/S.T.K.S.GANDHI, Advocate for the petitioner and of MR.P.GOVINDARAJAN ADDITIONAL PUBLIC PROSECUTOR on behalf of the Respondent the court made the following order:- This petition is filed to suspend the sentence imposed on the petitioner by this Court in Crl.A.No.132 of 2010 dated 08.12.2017.
2. The learned counsel for the petitioner submitted that the petitioner was found guilty under Sections 7 and 13(2) r/w 13(1) (d) of the Prevention of Corruption Act, 1988. This Court convicted the petitioner under Sections 7 and 13(2) r/w 13(1) (d) of the Prevention of Corruption Act and sentenced him to undergo six months rigorous imprisonment and to pay a fine of Rs.1000/- in default to undergo two months simple imprisonment.
3. The learned Additional Public Prosecutor (Crl.Side) vehemently objected that this Court after analysing the case
records rightly convicted the accused. Hence, he objects for granting suspend the sentence.
4. Heard the rival submissions made on either side.
5. The petitioner has filed this application to suspend the sentence and seeks time to prefer Special Leave Petition before the Hon'ble Supreme Court and due to ensuing festival holidays, he seeks extension of time for surrender. Since, the petitioner is acquitted in CC.No.29 of 2006 dated 13.11.2009 on the file of the II Additional Special Judge, Chennai and this Court reversed the order of the acquittal, hence the petitioner is entitled to prefer appeal before the Hon'ble Supreme Court. During the appeal period, I am inclined to grant suspension of sentence for a period of 60days, from today.
6. This petition is ordered, accordingly.
-sd/- 08/12/2017 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 II ADDITIONAL SPECIAL JUDGE, CHENNAI 2 STATE REPRESENTED BY THE INSPECTOR OF POLICE, VIGILANCE & ANTI CORRUPTION, CITY II DETACHMENT, CHENNAI.
(CRIME NO.6/AC/2004/CC-II).
3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
+1 C.C. to M/S.T.K.S.GANDHI Advocate on payment of necessary charges Sr.NO.87912 Order in CRL MP.15668/2017 in CRL A.132/2010 Date :08/12/2017 From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format MD: 11/12/2017