Kumar, M/A 45 Years, v. The State Rep By Its,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Wednesday, the Tenth day of January Two Thousand Eighteen PRESENT The Hon`ble Dr Justice G. JAYACHANDRAN CRIMINAL MISCELLANEOUS PETITION No.16402 of 2017 IN CRL A.798/2017 KUMAR, [ PETITIONER/APPELLANT] Vs THE STATE REP BY ITS, [ RESPONDENT ] THE INSPECTOR OF POLICE, VIGILANCE & ANTI CORRUPTION, TRICHY. CR.NO.12 OF 2012.

Petition praying that in the circumstances stated therein and in the Memorandum of Grounds in Criminal APPEAL No.798 OF 2017 on the file of the High Court, the High Court will be pleased to suspend the sentence imposed on the petitioner in Spl Case No.2/2013 dated 19.12.2017 passed by the Chief Judicial Magistrate Special Judge at Ariyalur and enlarge the Petitioner on bail pending disposal of the accompanying Criminal Appeal No.798 of 2017.

Order : This petition coming on for orders upon perusing the petition and the Memorandum of Grounds in Crl.A.No.798 of 2017 on the file of the High Court and upon hearing the arguments of M/S.G.PUGAZHENTHI, Advocate for the petitioner and of MR. P.GOVINDARAJAN, ADDL. PUBLIC PROSECUTOR (V & AC) on behalf of the Respondent the court made the following order:- This petition has been filed to suspend the sentence of imprisonment imposed in the judgment dated 19.12.2017 made in Spl.Case.No.2 of 2013 on the file of the learned Chief Judicial Magistrate/Special Judge, Ariyalur and enlarge the petitioner on bail, convicted and sentenced the petitioner as under:

Conviction Sentence under Section Five years simple imprisonment and to pay a fine of Rs.6,000/- in default to undergo one year simple imprisonment.

Section 7, 13(2) r/w 13 (1)(d) of Prevention of Corruption Act, 1988 Seven years simple imprisonment and to pay a fine of Rs.6,000/- in default to undergo one year simple imprisonment.

The sentences are to run concurrently.

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

3. Heard Mr.G.Pugazhenthi, learned counsel appearing for the petitioner and Mr.P.Govindarajan, learned Additional Public Prosecutor appearing for the respondent.

4. The counter filed by the learned counsel for the respondent has opposed the bail petition and the learned counsel appearing for the petitioner/appellant pointed out certain discrepancy in the appreciation of the evidence by the trial Court and sought for suspension of sentence.

5. Since there are some arguable points available in the appeal, this Court is inclined to suspend the sentence on the following conditions that:- i) the petitioner shall execute a bond for a sum of Rs.1,00,000/- (Rupees one lakh only) with two sureties each for a like sum to the satisfaction of the learned Chief Judicial Magistrate/Special Judge, Ariyalur, within a period of two weeks from the receipt of this order and also ii) the petitioner shall appear before the above said Court on the 1st and 3rd Monday of every month at 10.30 a.m, until further orders.

-sd/- 10/01/2018 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 CHIEF JUDICIAL MAGISTRATE/ SPECIAL JUDGE AT ARIYALUR.

2 THE SUPERINTENDENT, CENTRAL PRISON, TRICHY.

3 THE PUBLIC PROSECUTOR (V & AC) HIGH COURT, MADRAS.

4 THE INSPECTOR OF POLICE, VIGILANCE & ANTI CORRUPTION, TRICHY C.C. to M/S.G.PUGAZHENTHI Advocate on payment of necessary charges Order in CRL MP.16402/2017 in CRL A.798/2017 Date :10/01/2018 From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format ths : 10.01.2018