Madras High CourtCRL MP/15662/2023allowed on condition

M.Ravidrakumara Pandiyan v. State Rep.By

2023-09-27Honourable Dr Justice G. Jayachandran4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 27.09.2023 CORAM :

THE HONOURABLE Dr. JUSTICE G.JAYACHANDRAN Crl.M.P.No.15662 of 2023 in Crl.A.No.1058 of 2023 M.Ravidrakumara Pandiyan .. Petitioner Vs.

State represented by Inspector of Police, Vigilance and Anti-Corruption Wing, Cuddalore, Cuddalore District.

..Respondent (Cr.No.03/2017) PRAYER : Criminal Miscellaneous Petition has been filed under section 389(1) of Criminal Procedure Code to suspend the sentence imposed on the Petitioner/Appellant/Accused No 2 by the learned Chief Judicial Magistrate/Special Judge, (Prevention of Corruption Act), Cuddalore in Spl.CC.No.1 of 2020 dated 19.09.2023 enlarge the petitioner/Appellant/Accused No.2 on bail.

For Petitioner : Mr.C.R.Malarvannan, For Respondent : Mr.S.Udaya Kumar Government Advocate (Crl.Side) 1/4

ORDER

The petitioner herein held guilty of offence under Sections 7 and 8 of Prevention of Corruption Act, 1988 and sentenced to undergo 1 year Rigorous Imprisonment, in default, 2 months Simple Imprisonment and to pay a fine of Rs.1,000/- for each of the offences.

2. The case against this petitioner is that he demanded a sum of Rs.2,500/- from the defacto complainant for issuing legal heir certificate.

3. The petition for suspension of sentence has been filed on the ground that the petitioner was convicted for the offence under Sections 7 and 8 of Prevention of Corruption Act and though there is no evidence to show that the petitioner demanded or obtained illegal gratification for issuance of legal heir certificate, infact on the date of trap, the petitioner was on leave and the tainted money was recovered only from A1.

4. Since there are arguable points in the grounds of Appeal, the petition for suspension of sentence for the present 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 2/4

lakh only] with two sureties each for a like sum to the satisfaction of the learned Chief Judicial Magistrate/Special Judge (Prevention of Corruption Act), Cuddalore, Cuddalore District 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 orders. 27.09.2023 2/2 Vv To

1. The Chief Judicial Magistrate/Special Judge (Prevention of Corruption Act), Cuddalore, Cuddalore District

2. The Inspector of Police, Vigilance and Anti-Corruption Wing, Cuddalore, Cuddalore District.

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

Dr.G.JAYACHANDRAN,J.

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Vv Crl.M.P.No.15662 of 2023 in Crl.A.No.1058 of 2023 (2/2) 27.09.2023 4/4