Indirakumari v. The State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction ) Wednesday, the Seventeenth day of November Two Thousand Twenty One PRESENT The Hon`ble Mrs Justice T.V. THAMILSELVI CRIMINAL MISCELLANEOUS PETITION No.11631 of 2021 IN CRL A.545/2021 1 INDIRAKUMARI ...1st Appellant/Accused-1 2 A.BABU ...1st Appellant/Accused-4 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 suspend the sentence imposed in C.C.NO.12 of 2019 on the file of the Learned Assistant Sessions Judge, Additional Special Court for Trial of Criminal Cases relating to Elected MP`s and MLA`s Singaravelan Maaligai Chennai-I dated 29/09/2021 and enlarge the petitioners on bail till the disposal of Crl.A.
NO. 545 of 2021 on the file of this Honourable Court 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.A.S.ASWIN PRASANNA, Advocate for the petitioner and of MR.N.S.SUGANTHAN, Govt. Advocate ( Crl. Side) on behalf of the Respondents the court made the following order:- The 1st petitioner / 1st appellant is arrayed as the 1st accused and the 2nd petitioner / 2nd appellant is arrayed as the 4th 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.
They have 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 five years Rigorous Imprisonment and to pay a fine of Rs.
Imprisonment; convicted under Section 409 IPC and sentenced to undergo Rigorous Imprisonment for five 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 five 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. Now petitioners are suffered with illness. The petitioners prays for suspension of sentence.
2. Heard the learned counsel for the petitioners and the learned Government Advocate (Crl. Side) for the respondent.
3. In the result, the petition is ordered and the substantive sentences of imprisonment alone is suspended and the petitioners are directed to be enlarged on bail on condition that the petitioners 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.
4. Notice.
-sd/- 17/11/2021 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 ASSISTANT SESSIONS JUDGE ADDITIONAL SPECIAL COURT FOR TRIAL OF CRIMINAL CASES RELATING TO ELECTED MPS AND MLAS SINGARAVELAN MAALIGAI CHENNAI -1 2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
3 THE DEPUTY SUPERINTENDENT OF POLICE, CRIME BRANCH CID, METRO WING, CHENNAI-600 002 4 THE SUPERINTENDENT, CENTRAL PRISON, PUZHAL, CHENNAI +2 C.C. to M/S.A.S.ASWIN PRASANNA Advocate on payment of necessary charges SR.No.12901,12913 Order in CRL MP.11631/2021 in CRL A.545/2021 Date :17/11/2021 From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format APN 17/11/2021