A.Natarajan v. State Represented By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 20.12.2023
CORAM
THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA in Crl.A.No.1597 of 2023 A.Natarajan ... Petitioner/Appellant Vs.
State represented by, The Inspector of Police, Vigilance and Anti-Corruption, Coimbatore.
... Respondent PRAYER: Criminal Miscellaneous Petition filed under Sections 389(1) of Cr.P.C., pleased to suspend the sentence and enlarge the petitioner/appellant on bail in Spl.C.C.No.7 of 2014 on the file of the learned Special Judge for Cases under Prevention of Corruption Act, Coimbatore. For Petitioner : Mr.V.N.Krishnamurthy For Respondent : Mr.S.Udaya Kumar Government Advocate (Crl.Side) 1/6
O R D E R
This Criminal Miscellaneous Petition has been filed by the petitioner/appellant, seeking suspension of sentence imposed by the learned Special Judge for Cases under Prevention of Corruption Act, Coimbatore, in Special C.C.No.7 of 2014 vide judgment dated 30.11.2023.
2. The conviction and sentence imposed against the petitioner/appellant is as follows:- Under Section Sentence 409 of IPC one year rigorous imprisonment and a fine of Rs.3,000/-, in default, to undergo two months simple imprisonment.
420 of IPC one year rigorous imprisonment and a fine of Rs.3,000/-, in default, to undergo two months simple imprisonment.
468 of IPC one year rigorous imprisonment and a fine of Rs.3,000/-, in default, to undergo two months simple imprisonment.
471 of IPC one year rigorous imprisonment and a fine of Rs.2,000/-, in default, to undergo one month simple imprisonment.
477 (A) of IPC one year rigorous imprisonment and a fine of Rs.3,000/-, in default, to undergo two months simple imprisonment.
13(2) r/w 13(1)(c) 13(1)(d) of Prevention of Corruption Act, one year rigorous imprisonment and a fine of Rs.3,000/-, in default, to undergo two months simple imprisonment.
The sentences shall run concurrently 2/6
3. Learned counsel for the petitioner/appellant submitted that the fine amount has been paid by the petitioner/appellant. 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.
4. Learned Government Advocate (Crl.Side) appearing for the respondent submitted that the prosecution has proved the case beyond all 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.
5. Heard the learned counsel for the petitioner/appellant and Government Advocate (Crl.Side) appearing for the respondent and perused the materials on record.
3/6
6. Considering the facts and circumstances of the case and also considering the submissions made by 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 is granted, on the following conditions :- i. The petitioner/appellant shall execute bond for a sum of Rs.50,000/- (Rupees Fifty Thousand only), with two sureties, each for a like sum to the satisfaction of the learned Special Judge for Cases under Prevention of Corruption Act, Coimbatore ; 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.
7. Accordingly, the Criminal Miscellaneous Petition stands ordered.
20.12.2023 ham 4/6
To
1. The Special Judge for Cases under Prevention of Corruption Act, Coimbatore.
2. The Inspector of Police, Vigilance and Anti-Corruption, Coimbatore.
3. The Public Prosecutor, High Court of Madras.
5/6
A.D.JAGADISH CHANDIRA, J.
ham in Crl.A.No.1597 of 2023 20.12.2023 2/2 6/6