Madras High CourtCRL MP/13292/2021modified

P.Ramalingam v. State Rep By

2021-12-14Honourable Mr Justice V. Bharathidasan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Tuesday, the Fourteenth day of December Two Thousand Twenty One PRESENT The Hon`ble Mr Justice V. BHARATHIDASAN CRIMINAL MISCELLANEOUS PETITION No.13292 of 2021 IN CRL.A.NO.803 of 2018 P.RAMALINGAM [ PETITIONER ] Vs STATE REP BY [ RESPONDENT ] THE DEPUTY SUPERINTENDENT OF POLICE, VIGILANCE AND ANTI CORRUPTION, TIRUPPUR DISTRICT.

(CRIME NO.07/2012/AC/CB) Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to relax the condition that the petitioner shall report before the Chief Judicial Magistrate Tiruppur/Special Court for Trial of Cases Under Prevention of Corruption Act 1988 Tiruppur on the first working day of every English Calendar Month at 10.30 am until further orders imposed in Crl.MP.16638/2018 in Crl.A.No.803/2018 dated 07.12.2018. 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 C. PRAKASAM, Advocate for the Petitioner and of MR.C.E.PRATAP Govt. Advocate (Crl.

Side) on behalf of the Respondent the court made the following order:- This petition has been filed to relax the condition that the petitioner shall report before the Chief Judicial Magistrate, Tiruppur/Special Court for Trial of Cases under Prevention of Corruption Act, 1988, Tiruppur on the first working day of every English Calendar Month at 10.30 a.m., until further orders imposed in Crl.M.P.No.16638 of 2018 in Crl.A.No.803 of 2018 dated 07.12.2018.

2. The petitioner/appellant was convicted for the offence under Section 7 & 13(2) and 13(1)(d) of Prevention of Corruption Act and sentenced to under go rigorous imprisonment for 3 years for the offence under Section 7 of the Prevention of Corruption Act and to pay a fine of Rs.5000/-, in default, to undergo Simple Imprisonment for six months and sentenced to undergo rigorous imprisonment for 5

years and and to pay a fine of Rs.5000/- in default, to under go simple imprisonment for six months. Challenging the same, the petitioner has preferred an appeal before this Court. Pending appeal, he seeks suspension of sentence and this Court, by an order, dated 07.12.2018 suspended the sentence with a condition that the petitioner should appear before the concerned trial Court on the first working day of every English Calendar month.

3. The learned counsel for the petitioner submitted that the petitioner has been regularly complying with the above condition from the month of January 2019, till date, i.e., for nearly 3 years. He further submitted that the petitioner is a handicapped person and he is not in a position to appear before the Trial Court once in a month and hence, sought for relaxation of the above condition.

4. The learned Government Advocate (crl.side) appearing for the respondent, on instructions, submitted that the petitioner is complying with the condition from January 2019.

5. This Court considered the submissions made on either side and perused the materials available on records carefully.

6. Considering the fact that the petitioner is a handicapped person, the condition imposed by this Court, on 07.12.2018, is modified to the effect that the petitioner shall appear before the Trial Court once in six months, on the first working day commencing from 06.01.2022. The other condition remains unaltered.

7. This Criminal Miscellaneous Petition is ordered accordingly.

-sd/- 14/12/2021 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 CHIEF JUDICIAL MAGISTRATE, SPECIAL COURT FOR TRIAL OF CASES UNDER PREVENTION OF CORRUPTION ACT, TIRUPPUR.

2 THE DEPUTY SUPERINTENDENT OF POLICE, VIGILANCE AND ANTI CORRUPTION, TIRUPPUR DISTRICT.

THE SUPERINTENDENT, CENTRAL JAIL, COIMBATORE.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

C.C. to M/S C. PRAKASAM Advocate on payment of necessary charges Order in CRL MP.13292/2021 in CRL.A.803/2018 Date :14/12/2021 From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format CSK 16/12/2021