P.Shanmugam v. The State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction ) Friday, the Twelfth day of November Two Thousand Twenty One PRESENT The Hon`ble Mrs Justice TV. THAMILSELVI CRIMINAL MISCELLANEOUS PETITION No.11565 of 2021 IN CRL.A.No.537 of 2021 P.SHANMUGAM [ APPELLANT/ACCUSED NO.3 ] Vs THE STATE REP BY [ RESPONDENT/COMPLAINANT ] THE DEPUTY SUPERINTENDENT OF POLICE, CRIME BRANCH CID, METRO WING, CHENNAI-600 002.
Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to pass order suspending the sentence imposed by order dated 29.09.2021 passed by Learned Assistant Session Judge, Addl. Special Court for Trial of Criminal cases relating to Elected M.P's and MLA's Chennai in C.C.NO. 12 of 2019 and grant bail to the petitioner/ appellant pending disposal of the above CRL.A.No.537 of 2021.[IN CRL.M.P.No.11565/2021] 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.A.E.CHELLIAH, Senior counsel for M/S.K.SENDURPANDI, Advocate for the Petitioner and of MR.N.S.SUGANTHAN, Counsel for Government Advocate, (Crl.
Side) on behalf of the Respondent the court made the following order:- The petitioner/appellant is arrayed as the 3rd accused in C.C.No.12 of 2019 on the file of the learned Assistant Session Judge, Additional Special Court for Trial of Criminal cases relating to Elected M.P's and MLA's, Chennai. He has been convicted for the offence under Section 120(B) IPC r/w 409 IPC r/w Section 13(2) r/w13 (1)(d) of Prevention of Corruption Act, 1988 and sentenced to undergo three years Rigorous Imprisonment and to pay a fine of Rs.
undergo Rigorous Imprisonment for three years together with fine of Rs.10,000/-, in default to undergo Rigorous Imprisonment for six months; convicted under Section 13(2) r/w.13(1)(d) of Prevention of Corruption Act, 1988 and sentenced to undergo Rigorous Imprisonment for three years together with fine of Rs.10,000/-, in default to undergo Rigorous Imprisonment for six months vide impugned judgment dated 29.09.2021. The Trial Court ordered the sentences to run concurrently. The petitioner prays for suspension of sentence. 2 Heard the learned counsel for the petitioner and the learned Government Advocate for the respondent.
In the result, the petition is ordered and the substantive sentences of imprisonment alone is suspended and the petitioner is directed to be enlarged on bail on condition that the petitioner shall execute a bond for a sum of Rs.1,00,000/- [Rupees one lakh only] with two sureties each for a like sum to the satisfaction of the learned Assistant Session Judge, Additional Special Court for Trial of Criminal cases relating to Elected M.P's and MLA's, Singaravelar Maligai, Chennai and on further condition that the petitioner shall appear before the said Court on the first working day of every English Calendar Month at 10.30 a.m. until further orders.
-sd/- 12/11/2021 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 ASSISTANT SESSION JUDGE, ADDITIONAL SPECIAL COURT FOR TRIAL OF CRIMINAL CASE RELATING TO ELECTED M.P'S AND MLA'S, SINGARAVELLAR MALIGAI, CHENNAI-600 001. 2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
3 THE DEPUTY SUPERINTENDENT OF POLICE, CRIME BRANCH CID, METRO WING, CHENNAI-600 002 .
+1 C.C. to M/S.K.SENDURPANDI Advocate on payment of necessary charges SR.NO.12699 Order in CRL MP.11565/2021 in CRL A.537/2021 Date :12/11/2021 From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format RW 15/11/2021