G.Saravanakumar v. The State Rep By Inspector Of Police

in Crl.A.No.279 of 2023 R.HEMALATHA, J.

This Court vide orders dated 20.03.2023 in Crl.M.P.No.3885/2023 in Crl.A.No.279/2023, granted interim suspension of sentence imposed on the petitioners / A4 & A7 only for a period of three months on the following conditions.

i)The substantive sentence of imprisonment alone is suspended for three months and the petitioners/A4 & A7 are directed to be enlarged on bail on condition that each of the petitioner shall pay 20% of fine amount within one month from the date of their release and each of the petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees twenty five thousand only) with two sureties each for a like sum to the satisfaction of the learned Special Judge, Special Court under the Tamil Nadu Protection of Interests of Depositors Act Cases, Coimbatore.

ii) The petitioners and the sureties shall affix their photographs and Left Thumb Impression in the surety bonds and the trial Court may 1/5

obtain a copy of their Aadhaar card or Bank pass Book to ensure their identity; and iii) The petitioners shall surrender before the above said Court, after the interim suspension of sentence period of three months is over.

2. Learned counsel for the revision petitioner contended that the petitioners have paid 20% of the fine amount as directed by this Court. He further contended that the present petitioners are also one of the depositors in the first accused company and that they have lost substantial amount. According to him, the present petitioners are not the agents of the first accused company.

3. Learned Additional Public Prosecutor did not raise any serious objection for granting suspension of sentence. 2/5

4. Considering the facts and circumstances of the case, this Court is of the view that the petitioners is entitled to the relief of suspension of sentence and bail with certain conditions.

5.Accordingly, this criminal miscellaneous petitions stands allowed and the sentence of imprisonment is suspended and bail is granted to the petitioners on the following conditions:

i. The petitioners shall execute a bond for a sum of Rs.25,000/- each, with two sureties, of whom, one should be a blood relative, each for a like sum to the satisfaction of the Special Court under the Tamil Nadu Protection of Interests of Depositors Act Cases, Coimbatore.

ii. The sureties shall affix their photographs and Left Thumb Impression on the surety bond and the trial Court may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity; and iii. The petitioners shall appear before the respondent/police everyday at 10.30 a.m. for a period of four weeks and thereafter, 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 they are not able to appear before the trial Court on any day, they shall make arrangements to file an application under Section 3/5

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. 04.08.2023 (2/2) mtl 4/5

R.HEMALATHA, J.

mtl in Crl.A.No.279 of 2023 04.08.2023 5/5