K.Nagendran v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Tuesday, the Seventh day of December Two Thousand Twenty One PRESENT The Hon`ble Mr Justice V. BHARATHIDASAN CRIMINAL MISCELLANEOUS PETITION No.11603 of 2021 IN CRL A.901 of 2019 K.NAGENDRAN [ PETITIONER/APPELLANT/A5 ] Vs STATE REP BY [ RESPONDENT/COMPLAINANT ] THE INSPECTOR OF POLICE, CBI/ACB/CHENNAI, SASTRI BHAVAN, HADDOWS ROAD, NUNGAMBAKKAM, RC.NO.35/A/2005 AND RC.NO.36/A/2005 Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to suspend the sentence imposed in C.C.No.6/2006 dated 28.11.2019 by the II Additional District Judge for CBI Cases, Coimbatore and enlarge the petitioner on bail pending disposal of the CRL A.901 of 2019 and thus render justice.

Order : This petition coming on for orders upon perusing the petition and the filed in support thereof and upon hearing the arguments of M/S L.P.BALAJIRAM, Advocate for the Petitioner and of M/S.K.SRINIVASAN, Special Public Prosecutor on behalf of the Respondent the court made the following order:- Earlier, this Court by an order dated 20.12.2019 suspended the sentence with a condition that the petitioner shall deposit a sum of Rs.1,00,000/- (Rupees one lakh only) within a period of three weeks. Since the petitioner could not pay the amount, several petitions have been filed seeking extension of time. Finally, this Court by an order dated 29.11.2021 directed the petitioner to deposit the said amount within a period of one week, and the matter was adjourned to 07.12.2021.

2. Today, when the matter taken up for hearing, learned counsel appearing for petitioner would submit that, now the petitioner has deposited the amount as per the order passed by this Court. In the said circumstances, the condition imposed by this court has been duly complied with.

3. Considering the facts and circumstances and also considering the fact that the petitioner has complied the condition imposed by this Court, this Court is inclined to suspend the sentence imposed in C.C.No.6 of 2006 on the file of learned II Additional District Judge for CBI Cases, Coimbatore, and the petitioner shall be released from jail after executing sureties as directed by this Court and comply with other conditions imposed by this Court by an order dated 20.12.2019.

-sd/- 07/12/2021 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 II ADDITIONAL DISTRICT JUDGE FOR CBI CASES, COIMBATORE.

2 THE CHIEF JUDICIAL MAGISTRATE COIMBATORE DISTRICT. [FOR INFORMATION] 3 THE INSPECTOR OF POLICE, CBI/ACB/CHENNAI, SASTRI BHAVAN, HADDOWS ROAD, NUNGAMBAKKAM.

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

5 THE SUPERINTENDENT, CENTRAL PRISON, COIMBATORE.

+1 C.C. to M/S L.P.BALAJIRAM Advocate on payment of necessary charges SR.NO.14146 Order in CRL MP.11603/2021 in CRL A.901/2019 Date :07/12/2021 From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format RW 07/12/2021