P.K.Kuppusamy v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Thursday, the Twenty Eighth day of October Two Thousand Twenty One PRESENT The Hon`ble Mr Justice C.V.KARTHIKEYAN CRIMINAL MISCELLANEOUS PETITION No.11039 of 2021 IN CRL A.510/2021 P.K.KUPPUSAMY [ APPELLANT / 3rd ACCUSED ] Vs THE STATE, REP BY. [ RESPONDENT / COMPLAINANT] THE DEPUTY SUPERINTENDENT OF POLICE, CRIME BRANCH CID, VELLORE RANGE.

CRIME.NO.657/1991.

Petition praying that in the circumstances stated therein the High Court will be pleased to Suspend the sentence passed by the Chief Judicial Magistrate, Tiruvannamalai maded in Special Case No. 03/2004 dated 15.09.2021 and enlarge the petitioner on Bail pending disposal of the above Criminal Appeal No.510/2021.

Order: This petition coming on for orders upon perusing the petition and upon hearing the arguments of M/S. B.JAWAHAR, Advocate for the Petitioner and of MR.E.RAJ THILAK, Additional Public Prosecutor on behalf of the Respondent the court made the following order:- [Video Conferencing] 1.

This Criminal Miscellaneous Petition has been filed by the Petitioner / A3, seeking suspension of sentence of imprisonment, imposed by the judgment, dated 15.09.2021 made in Special Case No.3/2004, by the learned Special Judge and Chief Judicial Magistrate, Tiruvannamalai, pending disposal of the Criminal Appeal, in and by which, the petitioner / A3 was convicted for the offences under Sections 120B, 409, 467, 468, 471 and 477-A r/w 109 IPC and also under Section 13[1][c] and [d] of the Prevention of Corruption Act, and was sentenced as follows:-

Convicted for the offences under Sections Sentence Awarded 120-B One year simple imprisonment 409 IPC One year simple Imprisonment and to pay a fine of Rs.5000/- with a default sentence of three months simple imprisonment.

467 IPC One year simple Imprisonment and to pay a fine of Rs.5000/- with a default sentence of three months simple imprisonment.

468 IPC One year simple Imprisonment and to pay a fine of Rs.5000/- with a default sentence of three months simple imprisonment.

471 IPC One year simple Imprisonment and to pay a fine of Rs.5000/- with a default sentence of three months simple imprisonment.

477-A r/w 109 IPC One year simple Imprisonment and to pay a fine of Rs.5000/- with a default sentence of three months simple imprisonment.

13[1][c] and [d] of the Prevention of Corruption Act One year simple Imprisonment and to pay a fine of Rs.5000/- with a default sentence of three months simple imprisonment.

2.

This court heard the learned counsel on either side and also perused the materials placed on record.

3.

According to the learned counsel for the Petitioner/A3, there are arguable points available in the Criminal Appeal, which is not likely to be taken for final hearing in the near future and the Petitioner/A3 has got a fair chance of succeeding in the Criminal Appeal and hence, the substantive sentences of imprisonment imposed against the Petitioner/A3 may be suspended. It is also his submission that the fine amounts had already been paid. 4.

The learned Additional Public Prosecutor has raised objections for suspending the sentence.

5.

Considering the facts and circumstances of the case and also considering the submissions of the learned counsel and the

learned Additional Public Prosecutor, this Court is of the view that the substantive sentences of imprisonment alone can be suspended on certain conditions.

6.

Accordingly, till the disposal of the Criminal Appeal, the substantive sentences of imprisonment alone is suspended and the Petitioner/A3 is ordered to be enlarged on bail, on the following conditions:- i. The Petitioner/A3 shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only), with two sureties, each for a like sum to the satisfaction of the learned Special Judge and Chief Judicial Magistrate, Tiruvannamalai ;

ii.The Petitioner/A3 shall report before the said Court on the first Monday of every English Calendar month at 10.30 a.m., until further orders.

-sd/- 28/10/2021 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 AND THE CHIEF JUDICIAL MAGISTRATE, TIRUVANNAMALAI.

2 THE DEPUTY SUPERINTENDENT OF POLICE, CRIME BRANCH CID , VELLORE RANGE.

3 THE PUBLIC PROSECUTOR, HIGH COURT, MADRAS.

+1 C.C. to M/S. B.JAWAHAR Advocate on payment of necessary charges SR.NO.12083 Order in CRL MP.11039/2021 in CRL A.510/2021 Date :28/10/2021 From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format INBA-29/10/2021