C.Anandane v. State Rep. By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction ) Friday, the Fourteenth day of December Two Thousand Eighteen PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL MISCELLANEOUS PETITION No.15119 of 2018 IN CRL A.710/2018 C.ANANDANE [ PETITIONER / APPELLANT / ACCUSED ] Vs STATE REP. BY [ RESPONDENT ] INSPECTOR OF POLICE, SPE CBI ACB, CHENNAI, THROUGH THE PUBLIC PROSECUTOR FOR CBI, CHENNAI.
(RC MA1 2006 A 0001) Petition praying that in the circumstances stated therein and in the Memorandum of Grounds in CRL A.710/2018 on the file of the High Court, the High Court will be pleased to Suspend the sentence imposed on him in Special C.C.No.1 of 2008 on the file of the Learned Special Judge for Prevention of Corruption Act Cases (Principal Sessions Judge), Puducherry and enlarge him on bail pending disposal of CRL A.710/2018 [IN CRL.MP.NO.15119 OF 2018] Order : This petition coming on for orders upon perusing the petition and the Memorandum of Grounds in CRL A.710/2018 on the file of the High Court and upon hearing the arguments of M/S.M.SHAHJAHAN, Advocate for the petitioner and of MR.K.
SRINIVASAN SPECIAL PUBLIC PROSECUTOR FOR CBI CASES on behalf of the Respondent the court made the following order:- Appellant was convicted for the offence under Section 13(1)(e) r/w 13(2) Prevention of Corruption Act, 1988 and sentenced to undergo R.I. for one year with a fine of Rs.1 lakh in default to undergo R.I. for three months by the learned Special Judge for Prevention of Corruption Act cases (Principal Sessions Judge) Puducherry by the Judgement dated 30.10.2018 in Special C.C.No.1 of 2008. The fine amount imposed by the Trial Court has been paid by the appellant. Hence, the appellant seeks suspension of sentence. 2.Heard the learned counsel for the appellant as well as the learned Special Public Prosecutor (CBI Cases).
3.The learned Senior counsel appearing for the appellant would submit that the appellant immediately surrendered before the Trial Court after the expiry of suspension of sentence on 11.12.2018. The appellant is a senior citizen and is suffering from his old age ailments. He would further submit that there are lot of material contradictions in the evidence of the prosecution and the prosecution evidence is also highly unbelievable. 4.Having regard to the fact that there are arguable points involved in the appeal and further, the appeal is not likely to be taken up for final hearing in the near future and also considering the period of incarceration, I am of the considered opinion that the appellant is entitled for the relief of suspension of sentence.
5. Accordingly, the substantive sentence of imprisonment alone is suspended and the appellant is directed to be enlarged on bail, on condition that the appellant shall execute a 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 Judge for Prevention of Corruption Act Cases (Principal Sessions Judge), Puducherry and on further condition that the appellant shall appear before the said Court at 10.30 a.m. on the first working day of every English Calendar month, pending appeal. -sd/- 14/12/2018 This order, on being produced, be punctually observed and carried into execution by all concerned TRUE COPY Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.
TO 1 THE SPECIAL JUDGE FOR PREVENTION OF CORRUPTION ACT CASES [PRINCIPAL SESSIONS JUDGE], PUDUCHERRY.
2 THE SPECIAL PUBLIC PROSECUTOR FOR CBI CASES, CHENNAI.
3 THE INSPECTOR OF POLICE, SPE CBI ACB, CHENNAI, THROUGH THE PUBLIC PROSECUTOR FOR CBI, CHENNAI.
+2C.C. to M.SHAHJAHAN Advocate on payment of necessary charges SR NO.23990 Order in CRL MP.15119/2018 in CRL A.710/2018 Date :14/12/2018 From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format MK:14/12/2018