B.Purushothaman v. Assistant Director, Chennai

S.VAIDYANATHAN,J., and A.D.JAGADISH CHANDIRA,J., This Criminal Miscellaneous Petition has been listed today under the caption "For Being Spoken To" at the instance of the learned counsel for the petitioner/A1.

2. It is represented by the learned counsel for the petitioner that while going through the copy of the order dated 01.09.2022 hosted in the website, the following inadvertent errors have been noticed, which need to be rectified so as to enable the petitioner/accused to come out on bail and fresh order copy be issued:

i) The name of the learned Special Public Prosecutor (ED) has been mentioned as Mr.N.Ramesh, whereas one Mr.P.Sidharthan has entered appearance for the Respondent and the name of Mr.P.Sidharthan has to be incorporated in the order in the cause title; ii) The rank of the accused has been shown as "fifth accused" in Paragraph No.2 of the order, whereas the petitioner is arrayed as 1st accused in the case;

iii) In Paragraph No.4, the name of the counsel for the petitioner has 1/10

been wrongly typed as Mr.B.Purushothaman in lieu of Mr.K.Balasubramaniam and the name of the learned Special Public Prosecutor (ED) also needs to be changed in the same paragraph; iv) The Trial Court has granted bail to the petitioner in Crl.M.P.No.5560 of 2022 on 04.08.2022 and those details have not been incorporated in Paragraph No.5;

v) In sub-clause (i) of Paragraph No.8, the petitioner was directed to surrender before the concerned Court on 03.09.2022, whereas the order copy was made ready only on 05.09.2022. Similarly, in sub-clause (vi) of Paragraph No.8, the word 'police' should be altered to 'respondent'.

3. The respondent has no objection in carrying out the above corrections, as pointed out by the learned counsel for the petitioner.

4. Finding justification in the submissions advanced by the learned counsel for the petitioner, Registry is directed to rectify the aforementioned inadvertent errors alluded by the petitioner/A1.

5. The petitioner shall surrender before the Principal Special Court for 2/10

CBI Cases (VIII Additional City Civil Court), Chennai, on or before 12.09.2022. The rest of the order will remain unaltered. (S.V.N., J.) (A.D.J.C.,J.) 06.09.2022 ar Note: Issue order copy on 07.09.2022, after carrying out necessary corrections in order dated 01.09.2022.

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S.VAIDYANATHAN, J.

and A.D.JAGADISH CHANDIRA, J.

ar 06.09.2022

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.09.2022 4/10

CORAM

The Honourable Mr. Justice S.VAIDYANATHAN and The Honourable Mr. Justice A.D.JAGADISH CHANDIRA B.Purushothaman .. Petitioner/Accused No.1 Vs.

The Assistant Director, Directorate of Enforcement, Government of India, Ministry of Finance Department of Revenue, 2nd and 3rd Floor, Murugesa Naicker Complex, No.84, Greams Road, Chennai - 600 006.

(Crime No.ECIR 01 of 2012) .. Respondent/Complainant Criminal Miscellaneous Petition filed under Section 389(1) Cr.P.C. to suspend the sentence imposed on the petitioner by judgment dated 04.08.2022 passed in C.C.No.48 of 2016 on the file of the Principal Special Court for CBI Cases (VIII Additional City Civil Court), Chennai and to enlarge the petitioner on bail pending disposal of the above appeal. For petitioner : Mr.K.Balasubramaniam For Respondent : Mr.N.Ramesh Special Public Prosecutor (ED)

ORDER

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This criminal miscellaneous petition has been filed seeking to suspend the sentence imposed on the petitioner by judgment dated 04.08.2022 passed in C.C.No.48 of 2016 on the file of the Principal Special Court for CBI Cases (VIII Additional City Civil Court), Chennai and to enlarge the petitioner on bail pending disposal of the above appeal.

2.

The petitioner, who was the fifth accused in C.C.No.48 of 2016 before the Principal Special Court for CBI Cases (VIII Additional City Civil Court), Chennai, was convicted and sentenced as follows on 04.08.2022: S.No. Provision under which convicted Sentence Section 3 of PML Act Three years rigorous imprisonment and fine of Rs.5,000/-, in default to undergo six months simple imprisonment, each.

3.

Challenging the above conviction and sentences, the petitioner Section 4 of PML Act has filed Crl.A.No.980 of 2022 along with the instant miscellaneous petition seeking suspension of sentence and bail.

4.

Heard B.Purushothaman, learned counsel for the petitioner and Mr.N.Ramesh, learned Special Public Prosecutor (for ED) appearing for the respondent/State.

5.

The learned counsel for the petitioner would submit that the trial Court has granted bail to the petitioner by suspending the sentences imposed 6/10

on him and thereby, he prayed for suspension of sentence and bail to the petitioner. He would further submit that a co-accused in this case has been granted suspension of sentence and bail by this Court on 30.08.2022 in Crl.M.P.No.13503 of 2022 in Crl.A.No.979 of 2022. 6.

The learned Special Public Prosecutor (ED) would submit that the petitioner is having a property, which has been attached to the Central Government and the petitioner may be directed to file an affidavit before the trial Court with an undertaking that he will not alienate the said property. He would further submit that the trial Court may also be directed to intimate this order to the jurisdictional Sub-Registrar Office to prevent the petitioner from alienating the said property.

7.

The petitioner has raised substantial grounds in the appeal, which require detailed appraisal. Moreover, the trial Court has suspended the sentence imposed on the petitioner under Section 439 Cr.P.C. Further, the appeal is not likely to be taken up in the near future. In such view of the matter, this Court is of the view that the petitioner is entitled to the relief of suspension of sentence and bail.

8.

Accordingly, this criminal miscellaneous petition stands allowed 7/10

and the sentence of imprisonment is suspended and bail is granted to the petitioner on the following conditions:

(i) The petitioner shall surrender before the Principal Special Court for CBI Cases (VIII Additional City Civil Court), Chennai, on or before 03.09.2022;

(ii) After such surrender, the petitioner shall be released on bail on he executing a bond for a sum of Rs.25,000/- with two sureties, each for a like sum to the satisfaction of the Principal Special Court for CBI Cases (VIII Additional City Civil Court), Chennai;

(iii) 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; (iv) 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 he is not able to appear before the trial Court on any day, he shall make arrangements to file an application under Section 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;

(v) Independent of Section 317 Cr.P.C., in case of any emergency due to treatment, hospitalization, sudden death of his relatives, etc., the petitioner shall also intimate the jurisdictional police about the details of place of visit, name of the contact person with Aadhar card or any other photo identity of that person along with reasons therefor and the number of days of absence in the locality, before leaving Tamil Nadu;

(vi) The petitioner shall furnish his mobile number, which shall not be changed till the issue comes to a logical conclusion and permanent residential address to the police and the trial 8/10

Court. The petitioner is permitted to change the portability and not the mobile number;

(vii) The petitioner shall file an affidavit of undertaking that he will not alienate the property attached by the respondent, until further orders; and (viii) The trial Court shall send a communication to the jurisdictional Sub-Registrar Office about the orders passed by this Court and the undertaking given by the petitioner. (S.V.N., J.) (A.D.J.C., J.) 01.09.2022 nsd S.VAIDYANATHAN, J.

and A.D.JAGADISH CHANDIRA, J.

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nsd To 1.The Principal Special Judge for CBI Cases, (VIII Additional City Civil Court), Chennai.

2.The Assistant Director, Directorate of Enforcement, Government of India, Ministry of Finance Department of Revenue, 2nd and 3rd Floor, Murugesa Naicker Complex, No.84, Greams Road, Chennai - 600 006.

3.The Public Prosecutor, Madras High Court, Chennai - 600 104.

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