G.Natarajan v. The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16-05-2025

CORAM

THE HONOURABLE MR JUSTICE M. NIRMAL KUMAR IN CRL A NO. 495 OF 2025 G.Natarajan S/o.Gurumurthy, Assistant Executive Engineer, Nanganallur, Chennai - 600 061.

Appellant(s) Vs The Inspector of Police, Vigilance and Anti-corruption, City Special Unit III, Chennai - 600 035.

Respondent(s) Prayer: This Criminal Miscellaneous Petition is filed under Section 430(1) of BNSS, 2023, to suspend the sentence imposed in Special Case.No.04 of 2014 on 25.04.2025, on the file of Special Judge cum Chief Judicial Magistrate, Chengalpatty.

For Appellant(s):

Mr.K.Sukumaran For Respondent(s):

Public Prosecutor (v And Ac)

ORDER

This Criminal Miscellaneous Petition is filed to suspend the sentence passed by the learned Special Judge cum Chief Judicial Magistrate,

Chengalpattu. in Special Case No.04 of 2014 on 25.04.2025.

2. The petitioner/accused in Special Case No.04 of 2014 was convicted by the learned Special Judge cum Chief Judicial Magistrate, Chengalpattu, for the offence under Section 7 of the Prevention of Corruption Act, 1988 and sentenced to undergo 2 years imprisonment with a fine amount of Rs.10,000/-, in default to undego, 1 month Simple Imprisonment. Further for the offence under Section 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act, 1988, to undergo 2 years simple imprisonment and a fine amount of Rs.10,000/- in default to undergo 1 month Simple Imprisonment. Total fine amount is Rs.20,000/-. Further, the Trial Court ordered that the sentences to run concurrently. Aggrieved by the same, the present Criminal Appeal has been filed by the petitioner/accused before this Court along with miscellaneous petition seeking suspension of sentence and bail.

3. The learned counsel appearing for the petitioner would contend that the trial Court is totally defective since the available evidence are not sufficient to

warrant a conviction, hence sentence imposed on the petitioner/accused may be suspended.

4. The learned Government Advocate (Crl.Side) appearing for the respondent submitted that the prosecution has proved the case beyond reasonable doubt and the trial Court on finding the petitioner guilty, convicted and sentenced him as stated above. Therefore, he vehemently opposed for grant of suspension of sentence.

5.

Considering the submissions made by both sides and the fact that the petitioner has raised substantial grounds in the above appeal, which requires consideration, this Court is inclined to grant the relief of suspension of sentence to the petitioner.

7.

Accordingly, the sentence of Imprisonment imposed on the petitioner is suspended till the disposal of the appeal and he is ordered to be enlarged on bail, on condition that he 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 trial Court.

8.

Further, the petitioner shall appear before the Trial Court once in three months at 10.30 a.m. on the first working day of the month, until the disposal of the appeal and if he is not able to appear before the Trial Court on that day, he shall make arrangements to file an application under Section 317 Cr.P.C. 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. 9.

Accordingly, this Criminal Miscellaneous Petition is ordered. 16-05-2025 (2/2) Jai/gbi Index:Yes/No Speaking/Non-speaking order Internet:Yes

To 1.The Inspector of Police, Vigilance and Anti-corruption, City Special Unit III, Chennai - 600 035.

2. The Public Prosecutor, Madras High Court, Chennai.

3. The Special Judge cum chief Judicial Magistrate, Chengalpattu.

M.NIRMAL KUMAR J.

Jai/gbi CRL MP No. 10050 of IN CRL A NO. 495 OF 16-05-2025 (2/2)