Palanikumar v. The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 24.01.2023
CORAM:
THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI M.Palanikumar ... Petitioner Vs.
State rep. by, The Inspector of Police, Vigilance and Anti-Corruption, Chennai.Crime No.30/09/AC/HQ) ... Respondent PRAYER: Criminal Miscellaneous Petition filed under Section 389(1) of Cr.P.C., to suspend the sentence till the disposal of the appeal by enlarging the petitioner on bail connected in CC.No.104 of 2011 on the file of the Hon'ble Special Court for Prevention of Corruption Act cases at Chennai. For Petitioner : Mr.P.Ezhil Nilavan For Respondent : Mr.A.Gokulakrishnan Additional Public Prosecutor 1/6
ORDER
This Criminal Miscellaneous Petition has been filed to suspend the sentence imposed on the petitioner by the Trial Court in C.C.No.104 of 2011, on the file of learned Special Court for Prevention of Corruption Act cases, Chennai vide judgement dated 21.11.2022 , pending disposal of the Criminal Appeal.
2. The learned Special Judge for Prevention of Corruption Act Cases, Chennai vide judgment dated 21.11.2022 passed in C.C.No.104 of 2011, convicted and sentenced the petitioner, as extracted hereunder. Conviction Sentence under Section Section 7 of 1 year rigorous imprisonment and to pay a fine Prevention of of Rs.1,000/-, in default, to undergo 3 months Corruption Act simple imprisonment.
Section 13(2) r/w 2 years rigorous imprisonment and to pay a fine 13(1)(d) of of Rs.1,000/-, in default, to undergo 3 months Prevention of simple imprisonment.
Corruption Act The above sentences were ordered to run concurrently. Challenging 2/6
the above conviction and sentence, the petitioner preferred an Appeal in Crl.A.No.1271 of 2022
3. According to the learned counsel for the petitioner/appellant, there are arguable points available in the Criminal Appeal, which is not likely to be taken for final hearing in the near future and the petitioner/appellant has got a fair chance of succeeding in the Criminal Appeal and hence, the sentence imposed against the petitioner/appellant may be suspended and the petitioner/appellant may be enlarged with bail. He further submitted that the trial Court has suspended the sentence till 12.01.2023 and this Court vide order dated 23.12.2022 in Crl.M.P.No.19159 of 2022 in Crl.A.No.1271 of 2022 had suspended the sentence till 24.01.2023.
4. Mr.A.Gokulakrishnan, learned Additional Public Prosecutor appearing for the respondent submitted that the prosecution has proved the case beyond reasonable doubts and the trial Court on finding the petitioner/appellant guilty convicted him as stated above. Therefore, he vehemently opposed for grant of suspension of sentence. 3/6
5. Heard the learned counsel for the petitioner/appellant and the learned Additional Public Prosecutor appearing for the respondent and perused the materials on record.
6. Considering the facts and circumstances of the case and also considering the submissions of the learned counsel for the petitioner/appellant, this Court is of the view that the sentence of imprisonment can be suspended on certain conditions. Accordingly, till the disposal of the Criminal Appeal, suspension of sentence and bail are granted, on the following conditions :- i. The petitioner/appellant shall execute bond for a sum of Rs.10,000/- (Rupees Ten Thousand only), with two sureties, each for a like sum to the satisfaction of the learned Special Court for the Prevention of Corruption Act Cases, Chennai;
ii. The petitioner/appellant shall appear before the Trial Court on the first working day of every English Calendar month at 10.30 a.m., until further orders. 4/6
7. With the above directions, the Criminal Miscellaneous Petition is ordered accordingly.
vv/nr 24.01.2023 (1/2) 5/6
T.V.THAMILSELVI,J.
nr/vv To 1.The Special Court for Prevention of corruption Act Cases, Chennai. 2.The Inspector of Police, Vigilance and Anti-Corruption, Chennai 3.The Public Prosecutor, High Court, Madras.
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