P.Sanakran v. The State Of Tamilnadu Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Wednesday, the First day of September Two Thousand Twenty One PRESENT The Hon`ble Mr Justice C.V. KARTHIKEYAN CRIMINAL MISCELLANEOUS PETITION No.8608 of 2021 IN CRL.A.NO.404 of 2021 P.SANAKRAN [ PETITIONER/APPELLANT ] ASSISTAN ENGINEER, DIVISION-62, ZONE-4, CORPORATION OF CHENNAI, KOLATHUR, CHENNAI-600 099.

Vs THE STATE OF TAMILNADU REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, VIGILANCE AND ANTI CORRUPTION, CHENNAI CITY III, NANDANAM, CHENNAI-600 035.

Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to (i) To Suspend the Sentence imposed on the Petitioner in C.C.No.8/2012 dated 12/08/2021 by the Learned Special Judge, Special Court for Cases under Prevention of Corruption Act at Chennai-104 pending disposal of the Crl.A.No.404 of 2021. 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.R.N.AMARNATH, Advocate for the petitioner, and of M/S.E.RAJ THILAK, Govt. Advocate (Crl.Side) on behalf of the Respondent, the court made the following order:- [Video Conferencing] 1.

This Criminal Miscellaneous Petition has been filed by the Petitioner / Accused, seeking suspension of sentence of imprisonment, imposed by the judgment, dated, 12.08.2021 made in CC.No.8/2012, by the learned Special Judge, Special Court for the Cases under the Prevention of Corruption Act, at Chennai, pending disposal of the Criminal Appeal, in and by which, the petitioner / Accused was convicted for the offences under Section 7 and 13[2] read with 13[1][d] of the Prevention of Corruption Act, and was sentenced to undergo one year rigorous

imprisonment and to pay a fine of Rs.1000/- with a default sentence of three months simple imprisonment for the commission of the offence u/s.7 of the Prevention of Corruption Act and was sentenced to undergo two years rigorous imprisonment and to pay a fine of Rs.1000/- with a default sentence of three months simple imprisonment for the commission of the offence u/s.13[2] read with 13[1][d] of the said Act.

2.

This court heard the learned senior counsel on either side and also perused the materials placed on record.

3.

According to the learned senior counsel for the Petitioner/Accused, there are arguable points available in the Criminal Appeal, which is not likely to be taken for final hearing in the near future and the Petitioner/Accused has got a fair chance of succeeding in the Criminal Appeal and hence, the substantive sentences of imprisonment imposed against the Petitioner/Accused may be suspended.

4.

The learned Government Advocate [Crl.Side] has raised objections for suspending the sentence.

5.

Considering the facts and circumstances of the case and also considering the submissions of the learned senior counsel and the learned Government Advocate [Crl.Side], this Court is of the view that the substantive sentences of imprisonment alone can be suspended on certain conditions.

6.

Accordingly, till the disposal of the Criminal Appeal, the substantive sentences of imprisonment alone is suspended and the Petitioner/Accused is ordered to be enlarged on bail, on the following conditions:- i. The Petitioner/Accused 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 the Cases under the Prevention of Corruption Act, at Chennai ;

The Petitioner//accused shall report before the said Court on the first Monday of every English Calendar month at 10.30 a.m., until further orders.

-sd/- 01/09/2021 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 CASES UNDER PREVENTION OF CORRUPTION ACT AT CHENNAI-104.

2 THE INSPECTOR OF POLICE, VIGILANCE AND ANTI CORRUPTION, CHENNAI CITY III, NANDANAM, CHENNAI-600 035 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+1 C.C. to M/S.R.N.AMARNATH Advocate on payment of necessary charges SR.NO.9355 Order in CRL MP.8608/2021 in CRL A.404/2021 Date :01/09/2021 From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format TA-02/09/2021