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Madras High CourtCRL MP/18619/2022ordered

G.Paneerselvam v. State Rep By

2022-12-07Honourable Mr Justice V.Sivagnanam4 pages

Crl.M.P.No.18619 of 2022 in Crl.A.No. 1233 of 2022 V.SIVAGNANAM, J.

This petition has been filed to suspend the sentence of imprisonment passed vide judgment dated 08.11.2022 in C.C. No. 6 of 2010 on the file of the Special Judge under the TNPID (In Financial Establishment) Act, 1997, Chennai - 600 104 and enlarge him on bail.

2. The petitioner, who is accused 2 in C.C. No.6 of 2010 before the Special Judge under the TNPID (In Financial Establishment) Act, 1997, Chennai - 600 104, was convicted and sentence under section 5 of TNPID Act, 1997 (89 counts) to undergo simple imprisonment for a period of 3 years for each count and to pay a fine of Rs.25,000/- for each count. The Panneerselvam A2 shall pay a sum of Rs.22,25,000/- for 89 counts. In default of payment of fine, A2 Panneerselvam shall further undergo simple imprisonment for a period of 3 months for each default.

3. Learned counsel for the petitioner submitted that the petitioner has been granted bail by the trial Court till 06.12.2022.

4. Heard both sides.

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5. The petitioner has raised substantial grounds in the appeal which require detailed appraisal. Further, the appeal is not likely to be taken up in the near future. In such view of the matter, this Court is of the view that the petitioner is entitled to the relief of suspension of sentence.

6. Accordingly, the substantive sentence of imprisonment alone is suspended and the petitioner 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, one should be a blood relative, each for a like sum to the satisfaction of the Special Judge under the TNPID (In Financial Establishment) Act, 1997, Chennai-104, and on further condition that: (i) 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 to ensure their identity. (ii) the petitioner shall appear before the trial Court on the first working day of every month at 10.30 a.m. until the disposal of the appeal and if he is not able to appear before the trial Court on any day, he shall make 2/4

arrangements to file an application under Section 317 Cr.P.C. 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.

07.12.2022 Maya 2/2 3/4

V.SIVAGNANAM, J.

Maya Crl.M.P.No.18619 of 2022 in Crl.A.No. 1233 of 2022 07.12.2022 4/4