C.B.Ramamurthy, v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Twenty Third day of April Two Thousand Nineteen PRESENT The Hon`ble Mr.Justice M.DHANDAPANI CRL MP(MD) No.2986 of 2019 IN CRL A(MD) No.130 of 2019 C.B.RAMAMURTHY, (NOW CONFINING AT MADURAI CENTRAL PRISON AS CONVICT PRISONER) ... PETITIONER/APPELLANT/ACCUSED NO.3 Vs STATE THROUGH THE INSPECTOR OF POLICE, SPF:CBI:ACB, CHENNAI.

(RC 22(A)/05) ... RESPONDENT/RESPONDENT/COMPLAINAT 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 me in C.C.No.8/2006 on the file of the Honourable II Additional District Court for CBI Cases, Madurai dated 19/05/2017 and release petitioner on bail till the disposal of the main Crl.A.

Order : This petition coming on for orders upon perusing the petition filed in support thereof and upon hearing the arguments of Mr.P.RAJESWARI, Advocate for the petitioner and of Mr.N.NAGENDRAN,Special Public Prosecutor for CBI Cases for the Respondents the court made the following order:- The petitioner was convicted for the offences under Sections 120-B r/w 420 IPC and Section 13 (2) r/w 13 (1) (d) of Prevention of Corruption Act, 1988 and under Section 419 of IPC by judgment dated 19.05.2017 by the learned II Additional District Court for CBI Cases, Madurai, in C.C.No.8 of 2006.

2. The petitioner is sentenced to undergo five years rigorous imprisonment and pay a fine of Rs.25,000/- (Rupees Twenty Five Thousand only) in default to undergo further three months simple imprisonment for the offence under Section 120-B r/w 420 IPC and Section 13 (2) r/w 13 (1) (d) of Prevention of Corruption Act, 1988 and Section 419 of IPC. The Sentence of imprisonment should run concurrently awarded to the appellant/third accused. https://hcservices.ecourts.gov.in/hcservices/

3. The learned counsel appearing for the petitioner would submit that the petitioner has been confined in Central Prison,

Madurai, for more than two years. Hence, the petitioner seeks suspension of sentence.

3.Heard the submissions of the learned Special Public Prosecutor for CBI cases, for respondent.

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 petitioner is entitled for the relief of suspension of sentence.

5. 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 learned 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/- 23/04/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE II ADDITIONAL DISTRICT COURT FOR CBI CASES, MADURAI.

2 THE INSPECTOR OF POLICE SPF:CBI:ACB, CHENNAI.

3 THE SUPERINTENDENT, CENTRAL PRISON, MADURAI.

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

+1. C.C. to Mr.S.ABDUL RAHUMAN Advocate SR.No.7214 PS/VR/SAR-1/27.04.2019/2P/6C

ORDER

IN CRL MP(MD) No.2986 of 2019 IN CRL A(MD) No.130 of 2019 Date :23/04/2019 https://hcservices.ecourts.gov.in/hcservices/