A.Nandakumar v. The State Rep.By Its, The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 22.05.2025
CORAM
THE HON'BLE MR. JUSTICE N.SENTHILKUMAR in Crl.A.No.514 of 2025 A.Nandakumar ... Petitioner
Versus
The State Rep. by Rep. by the Inspector of Police, Special Investigation Wing, Vigilance and Anti-Corruption, Chennai.
... Respondent Prayer:- Criminal Miscellaneous Petition filed under Section 430(1) of BNSS, to suspend the sentence imposed in Sp.S.C.No.23 of 2010 on the file of the Chief Judicial magistrate/ Special Judge, Chengalpattu dated 09.05.2025 pending disposal of the above Criminal Appeal and enlarge him on bail. For Petitioner : Mr.V.Krishnamoorthy For Respondent : Mr.S.Vinoth Kumar Government Advocate (Crl. Side) 1/7
ORDER
This Criminal Miscellaneous Petition has been filed seeking to suspend the sentence of imprisonment imposed in Sp.SC.No.23 of 2010 on the file of the Chief Judicial magistrate/ Special Judge, Chengalpattu dated 09.05.2025 pending disposal of the above Criminal Appeal and enlarge him on bail.
2. The petitioner, who was accused in Sp.SC.No.23 of 2010 was convicted and sentenced by the Chief Judicial magistrate/ Special Judge, Chengalpattu as follows:
petitioner's Rank Provision under which convicted Sentence Section 7 of the Prevention of Corruption Act To undergo rigorous imprisonment for two years and a fine of Rs.10,000/- , and in case of failure to pay the fine, to undergo rigorous imprisonment for a period of one month.
Single accused To undergo rigorous imprisonment for two years each and a fine of Rs.10,000/- each, and in case of failure to pay the fine, to undergo rigorous imprisonment for a period of one month.
3. Aggrieved over the above conviction and sentence passed by the trial Sections 13(1)(d) and 13(2) of the Prevention of Corruption Act court, the petitioner has preferred the present criminal appeal petition along with 2/7
the instant miscellaneous petition, seeking suspension of sentence and bail.
4. Heard the learned counsel appearing for the petitioner.
5. The learned counsel for the petitioner submitted that there are arguable points in this revision and the petitioner has a good and fair chance of success in this revision. Thus, he prayed for suspension of sentence imposed on the petitioner till the disposal of this Criminal Appeal.
6. The petitioner has raised substantial grounds in the revision which require detailed appraisal. Further, the revision is not likely to be taken up in the near future. In such view of the matter, this Court is of the view that the petitioner is entitled to the relief of suspension of sentence and bail.
7. Accordingly, this criminal miscellaneous petition stands allowed and the relief of suspension of sentence alone is granted on the following conditions: (i) The petitioner shall surrender before the Trial Court within two weeks from the date of receipt of a copy of this order and on such surrender, the petitioner shall execute a bond for a sum of Rs.10,000/-(Rupees ten thousand only) along with two sureties, each, 3/7
for a like sum to the satisfaction of Chief Judicial Magistrate/ Special Judge, Chengalpattu.
(ii)The petitioner and the sureties shall affix their photograph and Left Thumb Impression in the bond and the Trial Court may obtain a copy of his Aadhar card or Bank pass Book to ensure his identity. (iii)The petitioner shall appear before the trial Court on the first working day of every month at 10.30 a.m. until the disposal of the appeal 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 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. 22.05.2025 skr/dpa (2/2) Note:
1. Registry is directed to forthwith upload this order in the official website of this Court.
2. All concerned to act on this order being uploaded in official website of this court without insisting on certified hard copies. To be noted, this order when uploaded in official website of this court will be watermarked and will also have a QR code. 4/7
To
1. Inspector of Police, Special Investigation Wing, Vigilance and Anti-Corruption, Chennai.
2. Chief Judicial Magistrate/ Special Judge, Chengalpattu.
3. The Public Prosecutor, Madras High Court.
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N.SENTHILKUMAR , J.
skr/dpa in Crl.A.No.514 of 2025 6/7
22.05.2025 (2/2) 7/7