Amaiappan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Thirteenth day of March Two Thousand Nineteen PRESENT The Hon`ble Mr.Justice M.DHANDAPANI CRL MP(MD) No.1610 of 2019 IN CRL A(MD) No.69 of 2019 AMAIAPPAN ... PETITIONER/ APPELLANT Vs STATE REP.BY THE INSPECTOR OF POLICE VIGILANCE AND ANTI CORRUPTION WING, VIRUDHUNAGAR, VIRUDHUNAGAR DISTRICT.

CRIME NO.05/2010 ... RESPONDENT/ RESPONDENT Petition praying that in the circumstances stated therein and in the petition filed therewith the High Court will be pleased to suspend the sentence imposed by the Special Court for Prevention of Corruption cases and Chief Judicial Magistrate Court, Virudhunagar District at Srivilliputhur in Special C.C.No.31/2014 on 31/01/2019 pending disposal of the above Crl.A Order : This petition coming on for orders upon perusing the petition filed in support thereof and upon hearing the arguments of Mr.M.JOTHIBASU, Advocate for the petitioner and of Mr.K.K.RAMAKRISHNAN, Additional Public Prosecutor on behalf of the Respondent, While admitting the CRL.A.

, the court made the following order:- The petitioner was convicted for the offences under Sections 7 and 13(2) r/w 13(1)(d) of Prevention of Corruption Act, 1988 and sentenced to undergo three years rigorous imprisonment and imposed a fine of Rs.5,000/- in default to undergo six months rigorous imprisonment each for the aforesaid offences, by judgment dated 31.01.2019 made in Special C.C.No.31 of 2014, by the Special Court for Prevention of Corruption Cases and Chief Judicial Magistrate Court, Virudhunagar District at Srivilliputhur. The above sentences shall run concurrently. The petitioner has paid total fine amount of Rs.10,000/- before the trial Court. Now, he approached this Court, seeking suspension of sentence.

2.Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor for the respondent police. https://hcservices.ecourts.gov.in/hcservices/

3.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 petitioner is entitled for the relief of suspension of sentence. 4.Accordingly, the substantive sentence of imprisonment alone is suspended and the petitioner is directed to be enlarged on bail, on condition that the petitioner 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 Special Court for Prevention of Corruption Cases and Chief Judicial Magistrate Court, Virudhunagar District at Srivilliputhur and on further condition that the petitioner shall appear before the said Court at 10.30 a.m. on the first working day of every English Calendar month, pending disposal of the appeal.

sd/- 13/03/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE SPECIAL JUDGE FOR PREVENTION OF CORRUPTION CASES AND CHIEF JUDICIAL MAGISTRATE COURT, VIRUDHUNAGAR DISTRICT AT SRIVILLIPUTHUR.

2 THE INSPECTOR OF POLICE VIGILANCE AND ANTI CORRUPTION WING, VIRUDHUNAGAR, VIRUDHUNAGAR DISTRICT.

3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. C.C. to M/S.G.M.LAW OFFICE, Advocate, Sr No.4761

ORDER

IN CRL MP(MD) No.1610 of 2019 IN CRL A(MD) No.69 of 2019 Date :13/03/2019 MS/VR/SAR-4/13.03.2019/2P.5C https://hcservices.ecourts.gov.in/hcservices/