Israel Abraham, M/A-65 Years v. State By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction ) Wednesday, the Tenth day of May Two Thousand Seventeen PRESENT The Hon`ble Mr Justice M.S. RAMESH CRIMINAL MISCELLANEOUS PETITION No.6507 of 2017 IN CRL A.262/2017 ISRAEL ABRAHAM, [ PETITIONER/APPELLANT/ACCUSED ] Vs STATE BY [ RESPONDENT ] INSPECTOR OF POLICE, SPE/CBI/ACB, CHENNAI, CHARGE SHEET NO.3/VDS/28.01.2010 RC MA1 2009(A) 005 OF SPE/CBI/ACB/CHENNAI.
Petition praying that in the circumstances stated therein and in the Memorandum of Grounds in Criminal APPEAL No.262 OF 2017 on the file of the High Court, the High Court will be pleased to suspend the sentence imposed by the trial court against the Appellant/Accused A7 by II-Addl. District Judge for CBI Cases at Coimbatore in C.C.No.6 of 2010 dt.27.04.2017 and enlarge the petitioner on bail pending disposal of this appeal before this Hon'ble Court. Order : This petition coming on for orders upon perusing the petition and the Memorandum of Grounds in Crl.A.No.262 of 2017 on the file of the High Court and upon hearing the arguments of M/S.A.N.THAMBIDURAI, Advocate for the petitioner and of MR. K.
SRINIVASAN, SPECIAL PUBLIC PROSECUTOR FOR CBI CASES, on behalf of the Respondent the court made the following order:- The petitioner/A7 who is the appellant, has filed this petition, seeking for the relief of suspension imposed on him for the offence u/s.420 IPC to undergo R.I. for 3 years and to pay a fine of Rs.20,000/-, in default to undergo 6 months S.I. made in C.C.No.6 of 2010 dated 27.04.2017, by the learned II Additional District Judge [CBI cases], Coimbatore.
2. Heard the submissions made by Mr.A.N.Thambidurai, learned counsel for the petitioner as well as Mr.K.Srinivasan, learned Special Public Prosecutor [CBI] appearing for the State.
3. Considering the grounds raised in the memorandum of grounds of criminal appeal and also considering the fact that there are arguable points involved in this appeal, this Court is of the considered view that the substantive sentence of imprisonment alone could be suspended
pending appeal.
4. Accordingly, the substantive sentence of imprisonment alone is suspended, pending disposal of the appeal and the petitioner is directed to be enlarged on bail on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only), with two sureties each for a likesum to the satisfaction of the learned II Additional District Judge, CBI, Coimbatore in a period of fifteen days from the date of receipt of a copy of this order and on further condition, that the petitioner shall report before the concerned Court, once in a month i.e., on the 1st working day of every English calendar month, until further orders. -sd/- 10/05/2017 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, ADDL. DISTRICT JUDGE, CBI, COIMBATORE.
2 THE SPECIAL PUBLIC PROSECUTOR FOR CBI CASES, HIGH COURT, MADRAS.
3 THE INSPECTOR OF POLICE, SPE/CBI/ACB, CHENNAI, +1 C.C. to M/S.A.N.THAMBIDURAI Advocate on payment of necessary charges-Sr.8729 Order in CRL MP.6507/2017 in CRL A.262/2017 Date :10/05/2017 From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format ths : 12.05.2017