S.Panneerselvam v. Deputy Superintendent Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 03-11-2023
CORAM
THE HONOURABLE DR. JUSTICE G.JAYACHANDRAN Crl. MP (MD) No.15269 of 2023 in Crl.A.(MD) No.966 of 2023 1.S.Panneerselvam 2.S.Sakthivel 3.R.Meenashi 4.Valli ... Petitioners/Appellants/Accused 2 to 4 and 6 Vs.
The State Represented by Deputy Superintendent of Police, Vigilance and Anti-Corruption, Trichy.
(Crime No.1 of 2003) ... Respondent/Respondent Prayer: Criminal Miscellaneous Petition has been filed under Section 389 (i) of the Code of Criminal Procedure, to suspend the sentence and conviction imposed by the Court of Principal District and Sessions Judge, Trichy dated 04.10.2023 made in Special Case No.1 of 2019.
For Petitioners : Mr.S.Ramsundarvijayraj For Respondent : Mr. Babu Muthu Meeran, Additional Public Prosecutor.
O R D E R
The petitioners, who have been found guilty of the offences punishable under Sections 109 IPC r/w Section 13(2) r/w Section 13(1)(e) of the Prevention of Corruption Act, 1988 and sentenced to undergo three years Rigorous Imprisonment with a fine of Rs.2,000/- each and in default to undergo two months Simple Imprisonment, have preferred the appeal and the same is taken on file in Criminal Appeal (MD) No.966 of 2023.
2. The Trial Court in exercise of its powers under Section 389 of the Code of Criminal Procedure, had suspended the sentence till 03.11.2023.
3. The petitioners/appellants have taken out this application for suspension of sentence and the same has been considered by this Court.
4. It is the case of acquiring disproportionate asset by the
Public Servants. The petitioners are the family members, who have been convicted for abetting the Public Servant, who is no more now. The fine amount had already been paid and therefore sentence is suspended until further orders on condition that the first and the second petitioners shall execute a bond for Rs.1 lakh each with two sureties and they have to appear before the Trial Court on the first working day of every English calendar month. The third and the fourth petitioners, being the family members, shall appear before this Court as and when required. The above conditions shall be complied within 15 days from today.
5. With the above directions, the present Criminal Miscellaneous Petition (MD) No.15269 of 2023 is allowed. 03-11-2023 Index : Yes/No Internet: Yes/No Speaking order/Non-Speaking order Svn
To 1.The Principal District and Sessions Judge, Trichy 2.The Deputy Superintendent of Police, Vigilance and Anti-Corruption, Trichy.
3.The Public Prosecutor, High Court of Madras, Chennai.
DR.G.JAYACHANDRAN, J.
Svn Crl. MP(MD) 15269 of 2023 03-11-2023