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Madras High CourtCRL MP/12310/2023allowed

S.Danasekaran v. Inspector Of Police

2023-08-16Honourable Dr Justice G. Jayachandran4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 16.08.2023 CORAM :

THE HONOURABLE Dr. JUSTICE G.JAYACHANDRAN Crl.M.P.No.12310 of 2023 in Crl.A.No.869 of 2023 S.Danasekaran .. Petitioner Vs.

State of Tamil Nadu The Inspector of Police, Vigilance and Anti Corruption, Special Investigation Cell, Chennai-28.

..Respondent PRAYER : Criminal Original Petition has been filed under section 389(1) of Criminal Procedure Code to suspend the sentence awarded in the judgment dated 25.07.2023 made in Special C.C.No.18 of 2012 on the file of the Court of Chief Judicial Magistrate cum Special Court, Tiruvallur and enlarge the petitioner on bail pending disposal of this Criminal Appeal.

For Petitioner : Mr.S.Karthikeyan For Respondent : Mr.S.Udaya Kumar Government Advocate (Crl.Side)

ORDER

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The petitioner herein found guilty of offence under Sections 7 and 13(2) r/w.13(1)(d) of Prevention of Corruption Act, 1988 and sentenced to undergo 3 years Rigorous Imprisonment for each of the offences. 2.

The case against this petitioner is that, he demanded a sum of Rs.6,000/-, later reduced it to Rs.4,000/- from defacto complainant for granting service connection.

3.

The learned counsel appearing for the petitioner/appellant submits that the defacto complainant turned hostile and the alleged tainted money was not recovered from this petitioner. 4.

Since there is arguable points in the grounds of Appeal, the petition for suspension of sentence is ordered and the petitioner is directed to be enlarged on bail on condition that the petitioner shall execute a bond for a sum of Rs.50,000/- [Rupees Fifty Thousand only] with two sureties each for a like sum to the satisfaction of the learned Chief Judicial Magistrate cum Special Court, Tiruvallur and on further condition that the petitioner shall appear before the trial Court on first working day of every English Calendar Month at 10.30 a.m. until further 2/4

orders.

16.08.2023 rpl 2/2 To

1. The Chief Judicial Magistrate cum Special Court, Tiruvallur.

2. The Inspector of Police, Vigilance and Anti Corruption, Special Investigation Cell, Chennai-28.

3. The Public Prosecutor, High Court of Madras, Chennai.

Dr.G.JAYACHANDRAN,J.

rpl 3/4

Crl.M.P.No.12310 of 2023 in Crl.A.No.869 of 2023 16.08.2023 4/4