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Madras High CourtCRL MP/6610/2022ordered

A.Mohanram v. State Rep By

2022-05-18Honourable Mr Justice N. Anand Venkatesh3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Wednesday, the Eighteenth day of May Two Thousand Twenty Two PRESENT The Hon`ble Mr Justice N. ANAND VENKATESH CRIMINAL MISCELLANEOUS PETITION No.6610 of 2022 IN CRL.A.NO.510/2022 A.MOHANRAM [ PETITIONER/APPELLANT] S/O AMMAIAPPAN, FORMERLY A4-ASSISTANT(BILL SEAT), O/o THE ASSISTANT ELEMENTARY EDUCATION OFFICER, THARAMANGALAM, OMALUR TALUK Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, VIGILANCE AND ANTI-CORRUPTION, SALEM.

(CRIME NO.9/AC/2013) Petition praying that in the circumstances stated therein and in the Memorandum of Grounds in CRL.A.NO.510/2022 on the file of the High Court, the High Court will be pleased to Suspend the Sentence of the petitioner to Undergo one Year Rigorous Imprisonment for the offence u/s 7 of the Prevention of Corruption Act and one year Rigorous Imprisonment for the Offence U/s 13(2) read with 13(1)(d) of the Prevention of Corruption Act passed by the Learned Special Judge, Special Court for Trial of Cases under the Prevention of Corruption Act, Salem by the Judgment dated 29.04.2022 in Spl.CC.117/2014 and enlarge the petitioner on bail pending disposal CRL.A.NO.510/2022. (CRL.MP.NO.6610/2022) Order : This petition coming on for orders upon perusing the petition and the Memorandum of Grounds in CRL.A.NO.510/2022 on the file of the High Court and upon hearing the arguments of M/S L.MOULI Advocate for the petitioner and of THE PUBLIC PROSECUTOR on behalf of the Respondent the court made the following order:-

The petitioner was convicted for the offence punishable under sections 7 and 13 read with 13(1)(d) of the Prevention of Corruption Act and has been sentenced to undergo one year Rigorous Imprisonment for each of the offences and to pay a fine of Rs.5,000/- for each of the offences and in default, to undergo one month simple imprisonment.

2. It is seen that the fine amount has already been deposited and the learned Special Judge, Special Court for Trial Cases had also suspended the sentence till 29.06.2022 by an order dated 29.04.2022 to enable the petitioner to file the criminal appeal and seek for suspension of sentence.

3. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the respondent.

4. This Court carefully went through the materials available on record. The grounds raised by the petitioner requires consideration of this Court and it will not be possible to take up the criminal appeal in the immediate future. Hence, this Court is inclined to suspend the substantive sentence imposed by the Court below, subject to the following conditions:- a. 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. b. The petitioner shall appear before the learned Special Judge, Special Court for Trial Cases under the Prevention of Corruption Act, Salem on the first working day of every month at 10.30 a.m, pending disposal of criminal appeal.

-sd/- 18/05/2022 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 FOR TRIAL OF CASES UNDER THE PREVENTION OF CORRUPTION ACT, SALEM.

2 THE INSPECTOR OF POLICE, VIGILANCE AND ANTI-CORRUPTION, SALEM.

3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+1C.C. to M/S L.MOULI Advocate on payment of necessary charges SR.NO.7480 Order in CRL MP.6610/2022 in CRL.A.510/2022 Date :18/05/2022 From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format CSK 20/05/2022