R.Sasikala, F/54 v. State By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Monday, the Ninth day of April Two Thousand Eighteen PRESENT THE HON'BLE THIRU JUSTICE P.KALAIYARASAN CRIMINAL MISCELLANEOUS PETITION No.5646 of 2018 IN CRL A.232/2018 R.SASIKALA [ PETITIONER / APPELLANT ] Vs STATE BY [ RESPONDENT ] THE INSPECTOR OF POLICE, VIGILANCE AND ANTI CORRUPTION, NAMAKKAL, NAMAKKAL DISTRICT.

CR.NO.4/AC/2001.

Petition praying that in the circumstances stated therein and in the Memorandum of Grounds in CRL A.232/2018 on the file of the High Court, the High Court will be pleased to suspend the conviction and sentence imposed on the petitioner in Spl.C.C.No.02 of 2003, dated 28.03.2003, on the file of the Special Judge/Chief Judicial Magistrate, Namakkal, Namakkal District and enlarge the petitioner on bail pending disposal of the above CRL A.232/2018 [IN CRL.MP.NO.5646 OF 2018] Order : This petition coming on for orders upon perusing the petition and the Memorandum of Grounds in CRL A.232/2018 on the file of the High Court and upon hearing the arguments of M/S.C.PRAKASAM, Advocate for the petitioner and of MR.K.PRABAKAR ADDITIONAL PUBLIC PROSECUTOR on behalf of the Respondent the court made the following order:- Heard both sides.

2.This petition has been filed by the petitioner/appellant seeking to suspend the order of sentence passed by the learned Special Judge/Chief Judicial Magistrate, Namakkal, dated 28.03.2018, in Spl.C.C.No.2 of 2003.

3.The petitioner/appellant has been convicted and sentenced to undergo SI for 3 years and to pay a fine of Rs.2,500/-, in default to undergo SI for 1 month for the offence under Sections 7 of Prevention of Corruption Act, 1988 and sentenced to undergo SI for 3 years and to pay a fine of Rs.2,500/-, in default to undergo SI for 1 month for the offence under Sections 13[2] r/w 13[1][d] of Prevention of Corruption Act, 1988.

4.Learned counsel for the petitioner/appellant contends that the trial Court itself has suspended the sentence till 20.04.2018, that the petitioner had been on bail through out the trial and that she is having fair chance of getting acquittal in the appeal and therefore, the sentence imposed on the petitioner/appellant may be suspended.

5.Learned Additional Public Prosecutor opposed for grant of suspension of sentence.

6.Considering the fact that the petitioner/appellant had been on bail through out the trial and the sentence imposed also has been suspended by the trial Court and also the entire facts and circumstances of the case, this Court is inclined to suspend the sentence imposed on the petitioner/appellant by the trial Court. Accordingly, the substantive sentence of imprisonment alone is suspended on executing 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 Special Judge/Chief Judicial Magistrate, Namakkal and on further condition that the petitioner shall appear before the said Court on the first working day of every month at 10.30 a.m till the disposal of the appeal.

-sd/- 09/04/2018 This order, on being produced, be punctually observed and carried into execution by all concerned TRUE COPY Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.

TO 1 THE SPECIAL JUDGE / CHIEF JUDICIAL MAGISTRATE, NAMAKKAL, NAMAKKAL DISTRICT.

2 THE CHIEF JUDICIAL MAGISTRATE NAMAKKAL [FOR INFORMATION] 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

4 THE INSPECTOR OF POLICE, VIGILANCE AND ANTI CORRUPTION, NAMAKKAL, NAMAKKAL DISTRICT.

C.C. to M/S.C.PRAKASAM Advocate on payment of necessary charges Order in CRL MP.5646/2018 in CRL A.232/2018 Date :09/04/2018 From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format MK:09/04/2018