P.Jawahar v. State Through , The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 27.06.2025
CORAM
THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY CRL MP Nos.
11860, 11863 and 11870 of 2025 in Crl.A.Nos.686, 687 and 689 of 2025 P.Jawahar ... Petitioner in all Crl.M.Ps.
Vs State Rep.by The Inspector of Police Vigilance and Anti Corruption, City Special Unit III, Nandanam, Chennai 600 035 Cr.No.2/AC/2011/CC-II ... Respondent in all Crl.M.Ps Prayer in Crl.M.P.No.11860 of 2025 : Petition under Section 430 of BNSS read with 438 of BNSS 2023 to pass an order suspending the sentence of imprisonment imposed by the learned Special Court for the case under Prevention of Corruption Act at Chennai in C.C.No.15/2013 dated 11.06.2025 and enlarge the petitioner on bail pending disposal of Crl.A.No.686 of 2025. Prayer in Crl.M.P.No.11863 of 2025 : Petition under Section 430 of BNSS read with 438 of BNSS 2023 To pass an order suspending the sentence of imprisonment imposed by the learned Special Court for the case under Prevention of Corruption Act at Chennai in C.C.No.17/2013 dated 11.06.
2025 and enlarge the petitioner on bail pending disposal of Crl.A.No.687 of 2025. Prayer in Crl.M.P.No.11870 of 2025 : Petition under Section 430 of BNSS read with 438 of BNSS 2023 To pass an order suspending the sentence of imprisonment imposed by the learned Special Court for the case under Prevention of Corruption Act at Chennai in C.C.No.16/2013 dated 11.06.2025 and enlarge the petitioner on bail pending disposal of Crl.A.No.689 of 2025.
For Petitioner :
Mr. Ganesh Kumar For Respondent:
Mr.S.Udayakumar Government Advocate (Crl.Side) COMMON ORDER These applications are filed to suspend the sentence imposed by the judgment dated 11.06.2025 in C.C.Nos.15, 16 and 17 of 2013 by the learned Special Judge for the cases under Prevention of Corruption Act, Chennai.
2. Upon perusal of the allegations, it can be seen that A1 is accused of falsifying the accounts and misappropriating the sums with reference to different transactions. The allegation against this petitioner A2 is that he is in a position to maintain the records also colluded with A1 and there has been tampering of records with reference to entries. On that score, the petitioner is convicted for the offences under Sections 120B read with 409, 477 IPC and Sections 12(2), 13(1)(d) and 13(1)(c) of the Prevention of Corruption Act, 1988 and sentenced to undergo five years Rigorous Imprisonment and to pay a find of Rs.50,000/- each. It is stated that the fine amount has been paid.
3. Learned Government Advocate (Criminal Side) would submit that the Trial Court has rightly appreciated the evidence and imposed sentence. 2/6
4. I have considered the rival submissions. I have considered that the age of the petitioner / accused is 77 years and he is also ailing and is admitted into hospital. Considering the health condition and the fact that it may take a while for the Registry to make the appeal book ready and for the appeal to be taken up for hearing, I am of the view that the sentence imposed on the petitioner can be suspended pending disposal of the Criminal Appeals.
5. In view thereof, the sentence imposed on the petitioner by order dated 11.06.2025 in C.C.Nos.15, 16 and 17 of 2013 by the learned Special Judge for the cases under Prevention of Corruption Act, Chennai stands suspended on the following conditions:
(i) The petitioner shall execute a bond for a sum of Rs.25,000/- with two sureties, each for a likesum to the satisfaction of the trial court;
(ii) The petitioner and the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the trial Court may obtain a copy of their Aadhar card or Bank pass Book and mobile numbers to ensure their identity; (iii) The petitioner shall appear before the Trial Court on the first working day of every English Calendar month at 10.30 3/6
a.m., and if he is not able to appear before the trial Court on any day, he shall make arrangements to file an application under Section 355 of BNSS, 2023 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;
3. With the above directions, this Criminal Miscellaneous Petitions are ordered.
27.06.2025 KST Note : Order copy to be uploaded today (27.06.2025) 4/6
To
1. The Inspector of Police Vigilance and Anti Corruption, City Special Unit III, Nandanam, Chennai 600 035 Cr.No.2/AC/2011/CC-II 2.The Judge Special Court for Prevention of Corruption Cases, Chennai.
3.The Public Prosecutor High Court, Madras.
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D.BHARATHA CHAKRAVARTHY, J.
KST CRL MP Nos.11860, 11863 and 11870 of 2025 in Crl.A.Nos.686, 687 and 689 of 2025 27.06.2025 6/6