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Madras High CourtCRL MP/6681/2022allowed

M.Selvaraj v. State Rep By

2022-05-19Honourable Mr Justice N. Anand Venkatesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Thursday, the Nineteenth day of May Two Thousand Twenty Two PRESENT The Hon`ble Mr Justice N. ANAND VENKATESH CRIMINAL MISCELLANEOUS PETITION No.6681 of 2022 in Crl.A.No.515 of 2022 M.SELVARAJ [ PETITIONER/APPELLANT/ACCUSED ] Vs STATE REP BY [ RESPONDENT/COMPLAINANT ] THE INSPECTOR OF POLICE, VIGILANCE AND ANTI CORRUPTION, COIMBATORE (CRIME NO.12/2005/AC/CB) Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to Suspend the Sentence imposed on the petitioner by the Special Judge, Special Court for Trial of Cases Under Prevention of Corruption Act, Coimbatore in Spl.CC.55/2011 dated 25.04.2022 and enlarge the petitioner on bail pending in Crl.A.No.515 of 2022.

Order : This petition coming on for orders upon perusing the petition and the filed in support thereof and upon hearing the arguments of M/S K.M.SUBHERAMANIAM, Advocate for the petitioner the court made the following order:- This petition has been filed seeking for to suspend the sentence imposed by the Court below convicting the petitioner for offence under Section 13(2) read with Section 13(1)(e) of the Prevention of Corruption Act and sentencing to undergo 3 years RI and to pay a fine of Rs.5000/- and in default to undergo 2 months SI.

2. The Court below has already suspended the sentence till 24.05.2022 to enable the petitioner to file the Criminal appeal.

3. Taking into consideration the materials available on record and the grounds raised by the petitioner, this Court is inclined to suspend the substantive sentence imposed against the petitioner subject to the following conditions.

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(a)The petitioner shall deposit the fine amount imposed by the Court below, if not already deposited.

(b)The petitioner shall execute a bond for a sum of Rs.5,000/- (Rupees Five Thousand only) along with two sureties each for a like sum, and (c)The petitioner shall appear before the learned learned Special Judge, Special Court for Trial of Cases under Prevention of Corruption Act, Coimbatore on the first working day of every month at 10.30 A.M., till the disposal of this Criminal Appeal.

3. This Criminal Miscellaneous Petition is disposed of accordingly.

-sd/- 19/05/2022 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 PREVENTION OF CORRUPTION ACT, COIMBATORE.

2 THE INSPECTOR OF POLICE, VIGILANCE AND ANTI CORRUPTION, COIMBATORE.

3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

C.C. to M/S K.M.SUBHERAMANIAM Advocate on payment of necessary charges Order in CRL MP.6681/2022 in Crl.A.No.515 of 2022 Date :19/05/2022 From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format RW-23/05/2022 https://hcservices.ecourts.gov.in/hcservices/