Madras High CourtCRL MP/11340/2019granted

K.Sridhar v. State By

2019-08-13Honourable Mr Justice P. N. Prakash3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Tuesday, the Thirteenth day of August Two Thousand Nineteen PRESENT The Hon`ble Mr Justice P. N. PRAKASH CRIMINAL MISCELLANEOUS PETITION No.11340 of 2019 IN CRL A.No.511/2019 K.SRIDHAR [ PETITIONER ] Vs STATE BY [ RESPONDENT ] INSPECTOR OF POLICE, C.B.I., IN R.C.MAI 2001/A/004, COIMBATORE DISTRICT.

Petition praying that in the circumstances stated therein and in the Memorandum of Grounds in CRL A.511/2019 on the file of the High Court, the High Court will be pleased to suspend the sentence imposed in the Judgment dated 18.07.2019 made in C.C.No.02 of 2003 on the file of the learned II Additional District Judge (CBI Cases) of Coimbatore and release the Petitioner on bail pending CRL A.No.511/2019 Order : This petition coming on for orders upon perusing the petition and the Memorandum of Grounds in CRL A.No.511/2019 on the file of the High Court and upon hearing the arguments of M/S.B.MOHAN, Advocate for the petitioner and of M/S K.SRINIVASAN, SPECIAL PUBLIC PROSECUTOR FOR CBI CASE, on behalf of the Respondent the court made the following order:- This petitioner is filed seeking to suspend the sentence imposed on the petitioner, by judgment and order dated 18.07.2019 passed in C.C.No.2 of 2003 on the file of the II Additional District Court (CBI Cases), Coimbatore.

2. The petitioner, who was the first accused in C.C.No.2 of 2003 before the II Additional District Court (CBI Cases), Coimbatore, was convicted for the offences under Sections 120-B r/w 420, 201, 468, 471 IPC and Section 13 (2) r/w 13 (1) (d) of the Prevention of Corruption Act, 1988 (for brevity "the PC Act") and sentenced to undergo various terms of imprisonment, the maximum being three years of rigorous imprisonment.

3. Challenging the same, the petitioner has filed the above appeal and suspension of sentence and bail.

4. Heard Mr.B.Mohan, learned counsel for the petitioner and Mr.K.Srinivasan, learned Special Public Prosecutor for CBI Cases for the respondent/State.

5. It is seen that the petitioner has paid the fine amount imposed by the Trial Court and the Trial Court has also granted suspension of sentence and bail under Section 489 (3) Cr.P.C. till 18.08.2019.

6. The petitioner has raised substantial grounds in the appeal which require detailed appraisal. 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.

7. Accordingly, the relief of suspension of sentence and bail is granted on the following conditions:

(i) The petitioner shall surrender before the Trial Court and on such surrender, the petitioner is ordered to be released on bail on he executing a bond for a sum of Rs.10,000/-(Rupees ten thousand only), with two sureties, of whom, one should be a blood relative, each for a like sum to the satisfaction of the II Additional District Court (CBI Cases), Coimbatore.

(ii) The petitioner and the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the II Additional District Court (CBI Cases), Coimbatore, may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity. (iii) 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.

-sd/- 13/08/2019 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 II ADDITIONAL DISTRICT COURT (CBI CASES), COIMBATORE.

2 THE SPECIAL PUBLIC PROSECUTOR FOR CBI CASES, HIGH COURT, MADRAS.

3 INSPECTOR OF POLICE, COIMBATORE DISTRICT.

C.B.I., IN R.C.MAI 2001/A/004, C.C. to M/S.B.MOHAN Advocate on payment of necessary charges Sr.16921 Order in CRL MP.11340/2019 in CRL A.511/2019 Date :13/08/2019 From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format RVR 14/08/2019