N.Thilaga, v. The State Rep. By,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Monday, the Twenty Ninth day of January Two Thousand Eighteen PRESENT The Hon`ble Mr Justice R. SURESH KUMAR CRIMINAL MISCELLANEOUS PETITION No.827 of 2018 IN CRL A.43/2018 N.THILAGA, [ PETITIONER ] Vs THE STATE REP. BY, [ RESPONDENT ] THE INSPECTOR OF POLICE, VIGILANCE AND ANTICORRUPTION, CHENNAI Petition praying that in the circumstances stated therein and in the Memorandum of Grounds in Crl.A.No.43/2018 on the file of the High Court, the High Court will be pleased to suspend the sentence imposed upon the Petitioner/Appellant in C.C.No.20 of 2012 on the file of the Learned Special Judge for cases under Prevention of Corruption Act 1988, Chennai dated 05/01/2018 and enlarge the petitioner/Appellant on bail, pending disposal of the above Criminal Appeal.

Order : This petition coming on for orders upon perusing the petition and the Memorandum of Grounds in Crl.A.No.43/2018 on the file of the High Court and upon hearing the arguments of M/S.V.KRISHNAMOORTHY, Advocate for the petitioner and of MR.P. GOVINDARAJ, Additional Public Prosecutor, on behalf of the Respondent the court made the following order:- This petition has been filed to suspend the conviction and sentence of imprisonment imposed by the Special Judge for Cases under Prevention of Corruption Act, 1988 at Chennai, in C.C.No.20 of 2012, by judgement dated 05.01.2018 and enlarge the petitioner on bail pending disposal of the Crl.A.No.43 of 2018.

2. I have heard Mr.V.Krishnamoorthy, learned counsel for the petitioner/appellant and Mr.P.Govindaraj, learned Additional Public Prosecutor appearing for the respondent/State.

3. Since the conviction is for one year against the

petitioner/appellant and the trial court has given a interim suspension of the sentence till 05.02.2018 as the petitioner/appellant has raised number of grounds assailing the impugned judgement and the same can be decided only at the time of final hearing of the appeal, since it will take some reasonable time to take the main appeal as this appeal is of the year 2018, this court is inclined to pass the following order in this Criminal Miscellaneous Petition:

(i) That the substantive sentence of imprisonment alone imposed against the petitioner, is hereby suspended, on condition that the petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties for a likesum to the satisfaction of the learned Special Judge for cases under Prevention of Corruption Act, 1988, Chennai, within a period of two weeks form the date of receipt of a copy of this order. On such execution of the sureties the petitioner shall be enlarged on bail.

(ii) Also, the petitioner shall appear before the said Special Court on the first working day of every English Calendar month at 10.30 a.m., until further orders.

-sd/- 29/01/2018 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 SPECIAL JUDGE FOR CASES UNDER PREVENTION OF CORRUPTIONACT, 1988, CHENNAI 2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

3 THE STATE REP. BY, THE INSPECTOR OF POLICE, VIGILANCE AND ANTICORRUPTION, CHENNAI +1 C.C. to M/S.V.KRISHNAMOORTHY Advocate on payment of necessary charges Sr.No.1896 Order in CRL MP.827/2018 in CRL A.43/2018 Date :29/01/2018 From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format MD: 30/01/2018