R.Venkatraman, v. The Additional Superintendent

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.2147 of 2019 IN CRL A(MD) No.84 of 2019 R.VENKATRAMAN ...APPELLANT/ACCUSED NO.1 Vs THE ADDITIONAL SUPERINTENDENT OF POLICE, CBI:ACB:CHENNAI.

(RC MA1 2013 A 0003) ... RESPONDENT/COMPLAINANT 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 against the petitioner in C.C.No.9/2014 dated 12.10.2018 on the file of the II Additional District Court for CBI Cases, Madurai and enlarge the petitioner on bail pending disposal of 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.SUBASH BABU, Advocate for the petitioner and of Mr.R.SUDEV KUMAR,Public Prosecutor for CBI Cases for the Respondents while admitting CRL A, the court made the following order:- The petitioner was convicted for the offences under Sections 120(b) r/w 420, 477(A) IPC and Sections 13(2) r/w 13(1)(c) and 13(2) r/w 13(1)(d) of Prevention of Corruption Act, 1988 and sentenced to undergo seven years rigorous imprisonment and imposed a fine of Rs.1,00,000/- in default to undergo three months simple imprisonment further 7 years rigorous imprisonment for the offence under Section 420 IPC and to pay fine of Rs.1,00,000/- in default to undergo three months simple imprisonment, further 7 years rigorous imprisonment for the offence under Section 477(A) IPC and to pay fine of Rs.1,00,000/- in default to undergo three months simple imprisonment and one year rigorous imprisonment for the offence under Section 13

(2) r/w 13(1)(c) and 13(2) r/w 13(1)(d) of Prevention of Corruption Act, 1988 and to pay a fine of Rs.25,000/- each in default to undergo three months simple imprisonment (Total fine of Rs.3,50,000/-), by judgment dated 12.10.2018 made in C.C.No.09 of 2014, by the II Additional District Court for CBI Cases, Madurai. Hence, he seeks suspension of sentence.

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2.Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor for the respondent police. 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 II Additional District Court for CBI Cases, Madurai 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 THE II ADDITIONAL DISTRICT JUDGE, FOR CBI CASES,MADURAI.

2 THE ADDITIONAL SUPERINTENDENT OF POLICE, CBI:ACB:CHENNAI.

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

+1. C.C. to Mr.M.SUBASH BABU Advocate SR.No.4817 PS/VR/SAR-1/14.03.2019/2P/5C

ORDER

IN CRL MP(MD) No.2147 of 2019 IN CRL A(MD) No.84 of 2019 Date :13/03/2019 https://hcservices.ecourts.gov.in/hcservices/