J.Johnson Devakumar Jacob v. Deputy Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 25.09.2023 CORAM :

THE HONOURABLE Dr. JUSTICE G.JAYACHANDRAN Crl.M.P.No.15216 of 2023 in Crl.A.No.1041 of 2023 J.Johnson Devakumar Jacob .. Petitioner Vs.

State Represented by Deputy Superintendent of Police, Vigilance and Anti Corruption, Crime No.16/AC/2008/CCI, (DV & AC- Chennai), Chennai.

..Respondent PRAYER : Criminal Original Petition has been filed under Section 389(1) of Criminal Procedure Code to suspend the sentence imposed by the learned Special Judge cum Chief Judicial Magistrate- Chengalpattu by a judgment dated 30.08.2023 in Special C.C. No.5 of 2009 and enlarge petitioner on bail pending disposal.

For Petitioner : Mr.M.Aravind Subramainan, Senior Counsel for Ms.V.Akshaya Kamala For Respondent : Mr.S.Udaya Kumar Government Advocate (Crl.Side) 1/4

ORDER

This Criminal Miscellaneous Petition is filed against the order of conviction under Sections 7 and 13(2) r/w. 13(1)(d) of Prevention of Corruption Act, 1988.

2.

The trial Court satisfied the evidence let in by the prosecution sentenced the petitioner/accused to undergo 3 years S.I., and fine of Rs.20,000/-, in default to undergo Simple Imprisonment for 6 months for the offence under Section 7 of P.C.Act and 3 years S.I., and fine of Rs.20,000/-, in default to undergo Simple Imprisonment for 6 months for the offence under Section 13(2) r/w.13(1)(d) of P.C.Act. The trial Court ordered the period of sentences to run concurrently. Total fine amount of Rs.40,000/- has already been paid by the petitioner. 3.

Heard the submission made by the learned counsel for the petitioner/appellant as well as the learned Government Advocate (Crl.Side) for the respondent.

4.

Considering the grounds of appeal, the petition for 2/4

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.1,00,000/- [Rupees One lakh only] with two sureties each for a like sum to the satisfaction of the learned Special Judge cum Chief Judicial Magistrate, Chengalpattu District 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. 25.09.2023 rkp 2/2 To

1. The Special Judge cum Chief Judicial Magistrate, Chengalpattu District.

2. The Deputy Superintendent of Police, Vigilance and Anti Corruption, Chennai.

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

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Dr.G.JAYACHANDRAN,J.

rkp Crl.M.P.No.15216 of 2023 in Crl.A.No.1041 of 2023 25.09.2023 4/4