D.C.Ruskin v. The State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 16-07-2025
CORAM
THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY CRL MP No.13363 of 2025 in Crl.A.No.822 of 2025 D.C.Ruskin S/o.Dennison, Inspector of Police (Now under Suspension), Central Crime Branch, 18th Team, Greams Road, Thousand Lights, Chennai 600 006.
Petitioner(s) Vs The State rep by The Deputy Superintendent of Police, Special Investigation Cell, Vigilance and Anti-Corruption, Chennai-35 Crime No.12/AC/2008/SIC.
Respondent(s) PRAYER: Criminal Miscellaneous Petition filed under Sections 374(2) of Cr.P.C., 1973 pleased to suspend the substantive sentences imposed on the petitioner by the learned Special Judge for the case under Section Prevention of Corruption Act, Chennai in Spl.C.C.No.1 of 2013 by a Judgement dated 09.06.2017 and enlarge the petitioner on bail disposal of the above Criminal Appeal.
For Petitioner(s):
Mr.John Sathyan, Senior Counsel Assisted by Mr.P.Divakar For Respondent(s):
Mr.S.Udayakumar, Govt Advocate (Crl. Side) 1/6
ORDER
This Criminal Miscellaneous Petition has been filed by the petitioner, seeking suspension of sentence of imprisonment made in the judgment dated 09.06.2017 in Spl.C.C.No.1 of 2013 on the file of the learned Special Judge for the case under Section Prevention of Corruption Act, Chennai.
2. The petitioner is convicted and sentenced under Section 7 and 13(2) r/w. 13(1)(d) of the Prevention of Corruption Act, 1988 and under the substantive offence u/s 7 of Prevention of Corruption Act, 1988 to undergo four years of Rigorous Imprisonment along with fine of Rs.1,00,000/-, in default to undergo 3 months Simple Imprisonment and under Section 13(2) r/w. 13(1)(d) of P.C.Act, 1988, to undergo five years Rigorous Imprisonment along with a fine of Rs.1,00,000/- and in default to undergo 6 months Simple Imprisonment. The Sentences imposed for each offence shall run concurrently.
3. Mr.John Sathyan, leanred Senior Counsel appearing on behalf of the petitioner/accused who taking this Court through the various findings of the Judgment and the grounds raised, would submit that the petitioner/appellant has got more than a prima facie case in the appeal and therefore, he pleads for suspension of sentence.
4. It is resisted by the learned Government Advocate (Criminal Side) 2/6
on the ground that the findings of the Trial Court are in order, and there is absolutely no merit in the appeal. He would also submit that a detailed counter to be filed and there is absolutely no merit in the appeal. With reference to the suspension of sentence application, he seeks for time.
5. I have considered the rival submissions, and also perused the material records of this case. It may take a while for the Registry to call for the Appeal papers and prepare the Appeal book and the appeal to be taken up for hearing appeal papers and prepare the appeal book and the appeal to be taken up for Hearing. Therefore, it would only be appropriate to suspend the sentence pending disposal of this Appeal. It is also stated that the fine amount has already been paid.
6. Considering the fact that the appeal is likely to take some time for disposal and taking into account the overall facts and circumstances of the case, this Court is of the view that the sentence of imprisonment can be suspended subject to certain conditions.
7. Accordingly, till the disposal of the Criminal Appeal, suspension 3/6
of sentence is granted, on the following conditions :- (i) The petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties, each for a like sum to the satisfaction of the trial Court; (ii) The petitioner and the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the trial Court may obtain a copy of their Aadhar card or Bank pass Book and mobile numbers to ensure their identity; (iii) The petitioner shall appear before the Trial Court at 10.30 a.m., on the first working day once in every three months, 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 355 of BNSS, 2023 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;
8. Accordingly, the Criminal Miscellaneous Petition stands ordered. 16-07-2025 vum To
1. The Deputy Superintendent of Police, Special Investigation Cell, Vigilance and Anti-Corruption, 4/6
Chennai-35.
2. The Special Judge for the case under Prevention of Corruption Act, Chennai
3. The Superintendent of Police, Central Prison, Puzhal, Chennai.
4. The Public Prosecutor, Madras High Court, Chennai.
D.BHARATHA CHAKRAVARTHY,J.
vum 5/6
CRL MP No.13363 of 2025 in Crl.A.No.822 of 2025 16.07.2025 6/6