P.Balasubramaniam v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.07.2024

CORAM

THE HON'BLE MR. JUSTICE VIVEK KUMAR SINGH in Crl.A.No.872 of 2024 P.Balasubramanian ... Petitioner/Appellant Vs.

State represented by, The Inspector of Police, Vigilance and Anti Corruption, Coimbatore.

... Respondent PRAYER: Criminal Miscellaneous Petition filed under Sections 389(1) of Cr.P.C., pleased to suspend the imprisonment in the judgment dated 12.06.2024 in Special C.C.No.06 of 2014 on the file of the Chief Judicial Magistrate, Tiruppur and enlarge the petitioner/appellant on bail pending disposal of the criminal appeal.

For Petitioner : Mr.K.R.Sankaran for Mr.C.S.Jeeva Kuralamudhu For Respondent : Mr.S.Santhosh Government Advocate (Crl.Side) 1/6

O R D E R

This Criminal Miscellaneous Petition has been filed by the petitioner/appellant, seeking suspension of sentence imposed by the learned Chief Judicial Magistrate, Tiruppur, vide judgment in Special C.C.No.06 of 2014, dated 12.06.2024.

2. The conviction and sentence imposed upon the petitioner/appellant is as follows:- Under Section Sentence 7 of Prevention of Corruption Act, three years rigorous imprisonment and a fine of Rs.3000/-, in default, to undergo three months simple imprisonment.

13(2) r/w 13(1)(d) of Prevention of Corruption Act, 1988 three years rigorous imprisonment and a fine of Rs.3000/-, in default, to undergo three months simple imprisonment.

3. Learned counsel for the petitioner/appellant submitted that the fine amount has been paid by the petitioner/appellant. According to the learned counsel for the petitioner/appellant, there are arguable points available in the Criminal Appeal and the appeal is not likely to be taken for final hearing in the near future. He further submitted that the petitioner/appellant has got a fair chance of succeeding in the Criminal 2/6

Appeal. In view of the same, he pleaded that the sentence imposed upon the petitioner/appellant may be suspended and the petitioner/appellant may be enlarged on bail. He further submitted that the trial Court, while convicting the petitioner has suspended the sentence till the disposal of the appeal.

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

5. Heard the learned counsel for the petitioner/appellant and Government Advocate (Crl.Side) appearing for the respondent and perused the materials available on record.

6. Considering the facts and circumstances of the case and also taking into account of the submissions made by the learned counsel for the petitioner/appellant, this Court is of the view that the sentence of imprisonment can be suspended on certain conditions. Accordingly, till the 3/6

disposal of the Criminal Appeal, suspension of sentence is granted, on the following conditions :- i. The petitioner/appellant shall execute bond for a sum of Rs.50,000/- (Rupees Fifty Thousand only), with two sureties, each for a like sum to the satisfaction of the learned Chief Judicial Magistrate, Tiruppur;

ii. The petitioner/appellant shall appear before the trial Court on the first working day of every English Calendar month at 10.30 a.m., until further orders.

7. Accordingly, the Criminal Miscellaneous Petition stands ordered. 08.07.2024 vkr 4/6

To

1. The Chief Judicial Magistrate, Tiruppur.

2. The Inspector of Police, Vigilance and Anti Corruption, Coimbatore.

3. The Public Prosecutor, High Court of Madras.

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VIVEK KUMAR SINGH, J.

vkr in Crl.A.No.872 of 2024 08.07.2024 2/2 6/6