V.Kannappan v. The State By

Crl. M.P.No.11754 of 2024 in Crl.A.No.1045 of 2024 N.SESHASAYEE,J., The appellant herein faced trial in Special S.C. No.11 of 2010 on the file of the learned Chief Judicial Magistrate, Special Judge, Chengalpattu. Under judgment dated 30.07.2024, the trial Court found the petitioner guilty for the offence under Section 7 of the Prevention of Corruption Act and sentenced him to undergo simple imprisonment for 2 years and a fine of Rs.10,000/- in default to undergo one month simple imprisonment and further convicted him under Section 13(2) r/w 13(i)(d) of the Prevention of Corruption Act and sentenced him to undergo simple imprisonment for 2 years and a fine of Rs.10,000/- in default to undergo one month simple imprisonment. The sentences were ordered to run concurrently. 2.Heard both sides and perused the materials available on record. 1/4

3. Considering the facts and circumstances of the case and taking into account the submissions made by the learned counsel on either side, this Court is of the view that the petitioner herein can be granted the relief of interim suspension of sentence.

4.Accordingly, the substantive sentence of imprisonment alone is suspended till 22.10.2024 and the petitioner herein is directed to be enlarged on bail on the following conditions:- a) The Petitioner/Accused is ordered to be released on bail, on his executing a bond for a sum of Rs.10,000/- (Rupees ten thousand only) with two sureties of whom, each for a like sum to the satisfaction of the learned Chief Judicial Magistrate, Special Judge, Chengalpattu.

b) The Petitioner/Accused and the sureties shall affix their photographs and Left Thumb Impressions in the surety bonds and the Magistrate may obtain a copy of their Aadhaar Cards or Bank Pass Books to ensure their identities; and c) The Petitioner/Accused shall appear before the Trial Court on the first working day of every month at 10.30 a.m., until the 2/4

disposal of the Appeal and if he is not able to appear before the Trial Court on any day, due to unavoidable circumstances, he shall make arrangements to file an application under Section 317 of Cr.PC. and shall appear before the Trial Court on any other day in lieu of his absence, as directed by the Trial Court. Such an application shall not be entertained often. d) On the failure of any of the above conditions by the Petitioner/Accused, it is open to the Trial Court to commit the Petitioner/Accused into custody for undergoing the sentence. 27.08.2024 Asr 3/4

N.SESHASAYEE,J., Asr Crl. M.P.No.11754 of 2024 in Crl.A.No.1045 of 2024 27.08.2024 4/4