C.Vasu v. The State Rep By The Deputy Superintendent Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 21.07.2025 CORAM :
THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY C.Vasu .. Petitioner
Versus
State Rep. by the Deputy Superintendent of Police, Economic Offences Wing-II, Coimbatore.
Cr.No.27 of 2012 .. Respondent Prayer : Criminal Miscellaneous Petition filed under Section 430 of BNSS/389(1) of Cr.P.C., to suspend the sentence imposed on the petitioner in judgment, dated 05.08.2021 made in C.C.No.21 of 2012 on the file of the learned Special Judge, Special Court under TNPID Act, Coimbatore and enlarge him on bail till the disposal of the above Criminal Appeal No.543 of 2021.
For Petitioners : Mr.V.M.Rajentran 1/8
For Respondent : Ms.J.R.Archana, Government Advocate (Crl. Side) 2/8
ORDER
This Criminal Miscellaneous Petition is filed for suspension of sentence. The suspension is prayed both with reference to imprisonment and also the fine amount.
2. When the matter is taken up for hearing today, it can be seen that the petitioner has been undergoing the sentence of imprisonment and now, more than three years have crossed. The total amount that is due to be deposited in this case is Rs.2,70,15,550/-, of which, only a sum of Rs.11,70,418.96 ps is so far realised by the competent authority. This apart, it can be seen that the total fine amount imposed on the petitioner is Rs.93,50,000/-.
3. The learned Counsel for the petitioner pleads the inability of the petitioner even to pay the fine amount. According to him, the petitioner paid only a minor part in the entire episode. This apart, it is now brought to the 3/8
notice of this Court that pursuant to the undertaking that is made during the last hearing, a sum of Rs.5,00,000/-, being part amount, is being deposited before the Trial Court today.
4. In view of the undertaking that is given to deposit a total sum of Rs.10,00,000/-, of which, Rs.5,00,000/- should be deposited upfront, which is stated that is being complied with today, this Criminal Miscellaneous Petition is ordered on the following terms:- (i) The sentence in respect of remaining amount of fine and the sentence of imprisonment shall stand suspended on the following conditions:- (a) The petitioner shall pay a sum of Rs.5,00,000/- upfront which is being paid today and upon production of the receipt thereof, the petitioner shall be enlarged on bail;
(b) The petitioner shall execute a bond for a sum of Rs.25,000/- with two sureties, each for a likesum to the satisfaction of the Trial Court; 4/8
(c) The petitioner and the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Trial Court may obtain a copy of their Aadhar card or Bank pass Book and mobile numbers to ensure their identity;
(d) The petitioner shall appear before the Trial Court on the first working day once in every three months at 10.30 a.m., and if he is not able to appear before the Trial Court on any day, he shall make arrangements to file an application under Section 355 of BNSS, 2023 and shall appear before the Trial Court on any other day in lieu of the date of his absence, as directed by the Trial Court;
(e) The balance sum of Rs.5,00,000/- shall be deposited within a period of twelve weeks from the date of coming out of the prison. (f) Failing of any of the conditions, the suspension granted by this Court shall stand automatically cancelled.
21.07.2025 5/8
: no grs To
1. The Special Judge, Special Court under TNPID Act, Coimbatore.
2. The Deputy Superintendent of Police, Economic Offences Wing-II, Coimbatore.
3. The Public Prosecutor, High Court of Madras.
6/8
D.BHARATHA CHAKRAVARTHY, J.
grs 7/8
21.07.2025 8/8