Govindarajulu, v. Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction ) Tuesday, the Twenty Fourth day of January Two Thousand Seventeen PRESENT The Hon`ble Mr Justice S. BASKARAN CRIMINAL MISCELLANEOUS PETITION No.869 & 870 of 2017 IN CRL A.38/2017 GOVINDARAJULU [ PETITIONER IN ALL THE PETITIONS ] Vs STATE REP. BY INSPECTOR OF POLICE, [ RESPONDENT CENTRAL BUREAU OF INVESTIGATION, IN ALL THE PETITIONS ] CBI/ACB, CHENNAI.
Petition praying that in the circumstances stated therein the High Court will be pleased to [i] suspend the sentence of three years of imprisonment dated 08.12.2016 passed in C.C.No.4 of 2007 on the file of the 11th Additional Special Sessions Court, (CBI Cases), Chennai, enlarge the petitioner on bail pending disposal of the above CRL.A.NO.38 OF 2017 [IN CRL.MP.NO.869 OF 2017] [ii] exempt the petitioner from payment of fine of Rs.4,00,000/- imposed in the order dated 08.12.2016 passed in C.C.No.4 of 2007 on the file of the 11th Additional Special Sessions Court, (CBI Cases), Chennai, in CRL.A.NO.38 OF 2017 [IN CRL.MP.NO.870 OF 2017] Order : This petition coming on for orders upon perusing the petition and upon hearing the arguments of M/S.C.D.SUGUMAR, 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, who is the 6th accused in C.C.No.4 of 2007 on the file of 11th Additional Special Sessions Court, Chennai, seeks suspension of sentence, by granting him appeal bail under Section 389 and 439 Cr.P.C., pending disposal of the above appeal and also seeks exemption from payment of fine of Rs.4,00,000/- imposed in the order dated 08.12.2016 passed in C.C.No.4 of 2007.
2. After trial, petitioner/A-6 was convicted and sentenced as under:- Under Sections 120(B) r/w. 467, sentenced to undergo 3 years rigorous imprisonment for each offence and to pay a fine of Rs.2,00,000/- for each offence (totally Rs.4,00,000/-) in default to undergo 6 months simple imprisonment.
3. The learned counsel for the petitioner submitted that the petitioner herein/6th accused is not a beneficiary and he is not doing any job at present and having no source of income to pay the fine amount imposed by the trial court and further the co-accused had already been granted appeal bail. In the circumstances, learned counsel prayed for grant of bail and modification of the fine amount.
4. The learned Special Public Prosecutor appearing for the State submits that the trial court, after considering all the facts and circumstances of the case, has given a clear cut finding, which requires no interference.
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. Further, taking into consideration the fact that the appellant/6th accused is out of employment and having no source of income at this point of time, it will be appropriate to modify the fine amount imposed by the trial for the present from Rs.4,00,000/- to Rs.1,00,000/-. Accordingly, I am inclined to grant the following relief:- (a) Appeal bail is granted to the petitioner/A-6/appellant. (b) Instead of the total fine amount of Rs.4,00,000/-, the petitioner is now directed to deposit Rs.1,00,000/- (Rupees One lakh) in the trial court at the time of executing the bail bond. (c) Petitioner's/A-6, sentence of imprisonment alone is suspended on condition that he 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 11th Additional Special Sessions Court, Chennai;
(d) Petitioner/A-6 shall report before the said court on the first working day of every month at 10.30 am., until further orders. -sd/- 24/01/2017 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 11TH ADDITIONAL SPECIAL SESSIONS COURT, CHENNAI.
2 THE SPECIAL PUBLIC PROSECUTOR FOR CBI CASES, HIGH COURT, MADRAS.
3 THE SUPERINTENDENT, CENTRAL PRISON, PUZHAL, CHENNAI.
4 THE INSPECTOR OF POLICE, CENTRAL BUREAU OF INVESTIGATION, CBI/ACB, CHENNAI.
+1C.C. to M/S.C.D.SUGUMAR Advocate on payment of necessary charges SR.NO.1564 Order in CRL MP.869 & 870 OF 2017 in CRL A.38/2017 Date :24/01/2017 From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format MK:27/01/2017