S.K.Rajagopal v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.12.2023

CORAM

THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA in Crl.A.No.1634 of 2023 S.K.Rajagopal ... Petitioner/Appellant Vs.

State represented by, The Inspector of Police, Vigilance and Anti-Corruption, Kancheepuram.

Crime No.7/AC/2000/KM ... Respondent PRAYER: Criminal Miscellaneous Petition filed under Sections 389(1) of Cr.P.C., pleased to suspend the sentence imposed on the petitioner by the judgment dated 11.12.2023 made in Special S.C.No.9 of 2005 on the file of the learned Special Judge-cum-Chief Judicial Magistrate, Chengalpattu and enlarge the petitioner/appellant on bail, pending disposal of the appeal. For Petitioner : Mr.P.Kannan Kumar For Respondent : Mr.C.E.Pratap 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-cum-Chief Judicial Magistrate, Chengalpattu, in Special S.C.No.9 of 2005 vide judgment dated 11.12.2023.

2. The conviction and sentence imposed against the petitioner/appellant is as follows:- Under Section Sentence 120-B of IPC Six months simple imprisonment and a fine of Rs.5,000/-, in default, to undergo one month simple imprisonment.

167 of IPC two years simple imprisonment and a fine of Rs.5,000/-, in default, to undergo one month simple imprisonment.

409 of IPC two years simple imprisonment and a fine of Rs.5,000/-, in default, to undergo one month simple imprisonment.

468 of IPC two years simple imprisonment and a fine of Rs.5,000/-, in default, to undergo one month simple imprisonment.

109 of IPC two years simple imprisonment and a fine of Rs.5,000/-, in default, to undergo one month simple imprisonment.

13(2) r/w 13(1)(c)(d) of Prevention of Corruption Act, two years simple imprisonment and a fine of Rs.5,000/-, in default, to undergo one month 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. He further submitted that the trial Court, while convicting the petitioner, has suspended the sentence for a period of 30 days.

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.

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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-cum-Chief Judicial Magistrate, Chengalpattu ;

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.

21.12.2023 ham 4/6

To

1. The Special Judge-cum-Chief Judicial Magistrate, Chengalpattu.

2. The Inspector of Police, Vigilance and Anti-Corruption, Kancheepuram.

3. The Public Prosecutor, High Court of Madras.

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A.D.JAGADISH CHANDIRA, J.

ham in Crl.A.No.1634 of 2023 21.12.2023 3/3 6/6