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Madras High CourtCRL MP/14199/2025dismissed

K.Sampath v. State Represented By,

2025-07-31Honourable Mr Justice G.K. Ilanthiraiyan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 31.07.2025

CORAM:

THE HON'BLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.M.P.No.14199 of 2025 in Crl.A.No.170 of 2023 K.Sampath

...Petitioner

Vs.

State represented by Deputy Superintendent of Police, Economic Offences Wing-II, Namakkal crime No.4 of 2013 ... Respondent PRAYER: Criminal Miscellaneous Petition filed under Section 430(1) of BNSS, praying to release the petitioner on bail by suspending the sentence appealed against in CC.No.2 of 2014 on the file of the Special Judge, Special Court under the Tamilnadu Protection of Interests of Depositors Act Cases, Coimbatore, pending disposal of the above appeal. For Petitioner : Mr.G.Murugendran For Respondent : Mr.S.Raja Kumar, Additional Public Prosecutor 1/4

ORDER

This Criminal Miscellaneous Petition has been filed praying to release the petitioner on bail by suspending the sentence imposed in CC.No.2 of 2014 on the file of the Special Judge, Special Court under the Tamilnadu Protection of Interests of Depositors Act Cases, Coimbatore, pending disposal of the above appeal.

2.

The petitioner, who is the third accused in CC.No.2 of 2014 on the file of the Special Judge, Special Court under the Tamilnadu Protection of Interests of Depositors Act Cases, Coimbatore, vide judgment dated 12.07.2022. He has been convicted under Sections 120(b), 406, 420 of IPC and Section 5 of TNPID Act, thereby imposing sentences on him with total fine of Rs.3,95,60,000/-.

3.

Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the respondent. 2/4

4.

On perusal of records, it is revealed that since the petitioner furnished five properties details to attach in order to disburse the deposit amount to the victims, as directed by this Court, the respondent verified those properties which were given by the petitioner. However, it has been found that two properties were already attached and two properties were already sold out to a third party. Now, only one property remains and it values not even Rs.5,00,000/-. In total, the properties which were already attached by way of GO.(D).No.952 Home (Police-XIX) Department dated 29.07.2025, comes around Rs.1,05,00,000/-. However, the fine amount itself comes to nearly Rs.4 crores. Therefore, this Court is not inclined to entertain this petition filed for seeking suspension of the sentences imposed on the petitioner.

5.

In view of the above discussion, this criminal miscellaneous petition is dismissed.

31.07.2025 (1/2) Index : Yes/No : Yes/No Speaking/non-speaking order 3/4

lok G.K.ILANTHIRAIYAN, J.

lok To 1.The Special Judge, Special Court under the Tamilnadu Protection of Interests of Depositors Act Cases, Coimbatore 2.Deputy Superintendent of Police, Economic Offences Wing-II, Namakkal 3.The Pubic Prosecutor, High Court of Madras Crl.M.P.No.14199 of 2025 in Crl.A.No.170 of 2023 31.07.2025 (1/2) 4/4