K.Viswanathan v. Deputy Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :07.07.2023

CORAM

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN K.Viswanathan .. Petitioner /versus/ The State of Tamil Nadu represented by The Deputy Superintendent of Police, Vigilance and Anti-Corruption, Erode.

(Crime No.03/AC/2011/ER) .. Respondent Prayer : Criminal Miscellaneous Petition filed under Sections 389(i) of Cr.P.C., praying to suspend the sentence of imprisonment imposed on the petitioner by the Chief Judicial Magistrate/Special Judge, Erode by judgment in Special C.C.No.37 of 2015 (CNR No.TNED04-000236-2015) dated 12.06.2023 and enlarge the petitioner on bail pending disposal of the above Criminal Appeal.

For Petitioner ... Mr.T.Gowthaman, Senior Counsel for Mr.S.Karpagapriya For Respondent ... Mr.S.Udaya Kumar Government Advocate(Crl.Side) ----- 1/5

ORDER

This Criminal Miscellaneous Petition has been filed to suspend the sentence of imprisonment imposed on the petitioner by the Chief Judicial Magistrate/Special Judge, Erode by judgment in Special C.C.No.37 of 2015 (CNR No.TNED04-000236-2015) dated 12.06.2023 and enlarge the petitioner on bail, pending disposal of the above Criminal Appeal.

2. The petitioner, who was working as a Foreman (Grade-1), O & M, TNEB, Thamaraipalayam, Erode District, was trapped, while receiving a bribe money of Rs.1000/- from PW-1. It is alleged to be the motive for sanctioning service connection. The trial Court satisfied with the prosecution witnesses and found the accused guilty of the offence under Section 7 and 13(2) r/w 13(1)(d) of the Prevention of Corruption Act 1988 and convicted and sentenced as below:- Name of the Accused Conviction Sentence Viswanathan Section 7 of PC Act To undergo 3 years RI and fine of Rs.5000/- in default to undergo SI for 1 month Section 13(2)r/w 13(1)(d) of PC Act To undergo 3 years RI and fine of Rs.5000/- in default to undergo SI for 1 month 2/5

3. In the grounds of the appeal, the accused/appellant has stated that, the trial Court has not properly appreciated the testimony of DW-1. A chance witness, who was present in the scene of trap had deposed that the money was forcibly trusted to the accused/appellant even though he resisted it. Since there are some arguable points are available in the grounds of the appeal, this Court is inclined to suspend the sentence, pending appeal or until further order. Accordingly, the substantive sentence of imprisonment alone is suspended till the disposal of the appeal and the petitioner/appellant is directed to be enlarged on bail subject to the following conditions:- (a)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.50,000/- (Rupees fifty thousand only) along with two sureties each for a like sum to the satisfaction of the learned Chief Judicial Magistrate/Special Judge, Erode.

(b)the petitioner and the sureties shall affix their photograph and left thumb impression in the bond and the above said Court may obtain a copy of his Adhar card or Bank pass Book to ensure his identity.

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(c)The petitioner shall report before the trial Court on the first working of every month at 10.30 a.m., until further orders.

07.07.2023 ari Note:Issue order copy on 10.07.2023 To:

1.The Chief Judicial Magistrate/Special Judge, Erode. 2.The Deputy Superintendent of Police, Vigilance and Anti-Corruption, Erode.

3.The Public Prosecutor, High Court, Madras.

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DR.G.JAYACHANDRAN,J ari 07.07.2023 5/5