R.Balakrishnan, Aged 33 Years v. State By,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Tuesday, the Twenty Third day of January Two Thousand Eighteen PRESENT The Hon`ble Dr Justice G. JAYACHANDRAN CRIMINAL MISCELLANEOUS PETITION No.725 of 2018 IN CRL A.39/2018 1 R.BALAKRISHNAN, [ PETITIONER ] 2 R.ADHITHYAN, Vs STATE BY, [ RESPONDENT ] THE INSPECTOR OF POLICE, CBI:EOW:CHENNAI Petition praying that in the circumstances stated therein and in the Memorandum of Grounds in Crl.A.No.39/2018 on the file of the High Court, the High Court will be pleased to suspend the sentence imposed on the petitioners by order dated 20.12.2017 in C.C.No.

7 of 2013 on the file of the XI Additional Special Court for CBI Cases (CBI Cases relating to Banks and Financial Institutions) at Chennai and enlarging them on bail till the disposal of the appeal and enlarging them on bail till the disposal of the appeal filed by the petitioner in C.A.No. of 2018 pending on the file of this Honourable Court. Order : This petition coming on for orders upon perusing the petition and the Memorandum of Grounds in Crl.A.No.39/2018 on the file of the High Court and upon hearing the arguments of M/S.V.NITHYANANDAM, Advocate for the petitioner and of Public Prosecutor on behalf of the Respondent the court made the following order:- This petition has been filed to suspend the sentence of imprisonment imposed in the judgment dated 20.12.2017 made in C.C.No.

Conviction Sentence under Section Section 120B r/w 420, 201, 409, 419, 465, 467, 468 and 471 of IPC and Section 13(2) r/w13(1) (d) of Prevention of Corruption Act, 1988 Six months rigorous imprisonment and to pay a fine of Rs.10,000/- in default to undergo simple imprisonment for one month each.

Section 420 IPC (3 Counts) The sentences are to run concurrently.

Section 468 IPC (4 Counts) Section 467 IPC (3 Counts) Section 465 IPC (4 Counts) Section 201 IPC

2. Challenging the same, the present appeal has been filed along with this petition for suspension of sentence.

3. Taking into consideration of the submission of the learned counsels appearing on both sides, since there are some arguable points available in the appeal, I am inclined to pass the following orders:

The substantive sentence imposed against the petitioners alone is suspended on conditions that:- i) the petitioners shall execute a bond for a sum of Rs.1,00,000/- (Rupees one lakh only) with two sureties each for a like sum to the satisfaction of the learned XI Additional Special Court for CBI Cases (CBI Cases relating to Banks and Financial Institutions) at Chennai, within a period of two weeks from the date of receipt of a copy of this order and also ii) the petitioners shall appear before the above said Court on the first working day of every English calendar month at 10.30 a.m, until further orders.

-sd/- 23/01/2018 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 XI ADDITIONAL SPECIAL COURT FOR CBI CASES (CBI CASES RELATING TO BANKS AND FINANCIAL INSTITUTIONS) AT CHENNAI 2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

3 STATE BY, THE INSPECTOR OF POLICE, CBI:EOW:CHENNAI +1 C.C. to M/S.V.NITHYANANDAM Advocate on payment of necessary charges Sr.No.1580 Order in CRL MP.725/2018 in CRL A.39/2018 Date :23/01/2018 From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format MD: 25/01/2018