V.Pooviyammal, Aged 48 Years, v. State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Tuesday, the Twenty Eighth day of February Two Thousand Seventeen PRESENT The Hon`ble Mr Justice S. BASKARAN CRIMINAL MISCELLANEOUS PETITION No.3007 of 2017 IN CRL A.106/2017 V.POOVIYAMMAL [ PETITIONER ] Vs STATE REP. BY [ RESPONDENT ] THE DEPUTY SUPERINTENDENT OF POLICE, VIGILANCE & ANTI-CORRUPTION SPECIAL CELL, KRISHNAGIRI.DHARMAPURI CR.6/AC/2007/DP OF V & AC, Petition praying that in the circumstances stated therein the High Court will be pleased to suspend the sentence imposed in Spl.C.C.No.18 of 2009 dated 21.02.2017 on the file of the Chief Judicial Magistrate, Krishnagiri and enlarge her on bail pending disposal of the above Criminal Appeal Order : This petition coming on for orders upon perusing the petition and upon hearing the arguments of M/S.R.

SANKARASUBBU, Advocate for the petitioner and of SPECIAL PUBLIC PROSECUTOR on behalf of the Respondent the court made the following order:- The petitioner, who is the sole accused in Special C.C.No.18 of 2009 on the file of the learned Chief Judicial Magistrate, Krishnagiri seeks suspension of sentence, against the sentence imposed, by judgment dated 21.02.2017, by granting her appeal bail under Section 389(1) Cr.P.C., pending disposal of the above appeal.

2. After trial, petitioner/appellant, was convicted and sentenced as under:- (a) Under Section 7 of Prevention of Corruption Act, 1988 sentenced to undergo 6 months Rigorous imprisonment and to pay a fine of Rs.200/- in default to undergo 1 month simple imprisonment. (b) Under Section 13(1)(d) r/w 13(2) of Prevention of Corruption Act, 1988 sentenced to undergo 1 year Rigorous Imprisonment and to pay a fine of Rs.200/- in default to undergo 1 month simple imprisonment.

3. The learned counsel for the petitioner submitted that the petitioner/appellant has a fair chance of succeeding in the appeal as there is prima facie case, in favour of the petitioner. He also submitted that the petitioner has paid the fine amount of Rs.400/- before the trial court. In the circumstances, she may be granted bail.

4. Heard the learned Special Public Prosecutor appearing for the State.

5. I have considered the rival submissions, perused the judgment of the trial court and the evidence pointed out by either side.

6. Considering the facts and circumstances of the case, I find that some arguable points are involved in this criminal appeal, which are required to be examined in detail. Accordingly, I am inclined to grant the following relief:- (a) Appeal bail is granted to the petitioner/appellant. (b) Her sentence of imprisonment alone is suspended on condition that the petitioner executes 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 learned Chief Judicial Magistrate Court, Krishnagiri. (c) Petitioner/appellant shall report before the said court on the first working day of every month at 10.30 am., until further orders.

-sd/- 28/02/2017 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 CHIEF JUDICIAL MAGISTRATE KRISHNAGIRI 2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

3 THE DEPUTY SUPERINTENDENT OF POLICE, VIGILANCE & ANTI-CORRUPTION SPECIAL CELL, KRISHNAGIRI.DHARMAPURI.

CR.6/AC/2007/DP OF V & AC, 4 THE SECTION OFFICER CRIMINAL SECTION HIGH COURT MADRAS.

+1 C.C. to M/S.R.SANKARASUBBU Advocate on payment of necessary charges SR.NO.3840 Order in CRL MP.3007/2017 in CRL A.106/2017 Date :28/02/2017 From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format PTI-01/03/2017