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Madras High CourtCRL MP(MD)/3550/2019ordered

S.Murugesan, v. The Deputy Superintendent Of

2019-04-15Honourable Mr Justice M.Dhandapani3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Fifteenth day of April Two Thousand Nineteen PRESENT The Hon`ble Mr.Justice M.DHANDAPANI CRL MP(MD) No.3550 of 2019 IN CRL A(MD) No.164 of 2019 S.MURUGESAN ... PETITIONER/ APPELLANT/ ACCUSED-3 Vs STATE REP.BY THE DEPUTY SUPERINTENDENT OF POLICE, CBI : SPA : ACB, CHENNAI.

RC MA1 2009 A 0008 ... RESPONDENT/ 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 in C.C.No.6 of 2010 by the learned II Additional District Court for CBI Cases, Madurai dated 15.03.2019 and enlarge the petitioner on bail pending 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.S.RAVI, Advocate for the petitioner and of Mr.N.NAGENDRAN, Special Government Pleader for CBI cases on behalf of the Respondent, the court made the following order:- The petitioner was convicted and sentenced for the following offences:- Charges proved under Sections Punishment (Imprisonment and fine 120-B r/w 420 IPC Rigorous Imprisonment for 7 years and to pay a fine of Rs.10,000/- in default to undergo simple imprisonment for one year;

120-B r/w 467 IPC Rigorous Imprisonment for 10 years and to pay a fine of Rs.10,000/- in default to undergo simple imprisonment for one year;

120-B r/w 468 IPC Rigorous Imprisonment for 7 years and to pay a fine of Rs.10,000/- in default to undergo simple imprisonment for one year;

120-B r/w 471 IPC Rigorous Imprisonment for 7 years and to pay a fine of Rs.25,000/- in default to undergo simple imprisonment for one year;

120-B r/w 477-A IPC Rigorous Imprisonment for 7 years and to pay a fine of Rs.10,000/- in default to undergo simple imprisonment for one year;

120-B r/w 13(2) r/w 13(1) (d) Prevention of Corruption Act, Rigorous Imprisonment for 7 years and to pay a fine of Rs.10,000/- in default to undergo simple imprisonment for one year;

120-B r/w Section 66 of Information Technology Act, Rigorous Imprisonment for 2 years and to pay a fine of Rs.1,00,000/- in default to undergo simple imprisonment for six months;

420 IPC Rigorous Imprisonment for 7 years and to pay a fine of Rs.10,000/- in default to undergo simple imprisonment for one year;

467 IPC Rigorous Imprisonment for 10 years and to pay a fine of Rs.10,000/- in default to undergo simple imprisonment for one year;

468 IPC Rigorous Imprisonment for 7 years and to pay a fine of Rs.10,000/- in default to undergo simple imprisonment for one year;

471 IPC Rigorous Imprisonment for 7 years and to pay a fine of Rs.25,000/- in default to undergo simple imprisonment for one year;

477-A Rigorous Imprisonment for 7 years and to pay a fine of Rs.10,000/- in default to undergo simple imprisonment for one year;

13(2) r/w 13(1)(d) of Prevention of Corruption Act, Rigorous Imprisonment for 7 years and to pay a fine of Rs.10,000/- in default to undergo simple imprisonment for one year;

66 of Information Technology Act, 2000 Rigorous Imprisonment for 2 years and to pay a fine of Rs.1,00,000/- in default to undergo simple imprisonment for six months;

Total Fine Rs.3,50,000/- 2.The learned counsel appearing for the petitioner would submit that the petitioner herein has deposited the entire fine amount and the petitioner is now confined in Central Prision, Madurai. 3.Heard the submissions of the learned Government Advocate (Criminal Side).

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 the following conditions:- (i) 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;

(ii) the petitioner shall pay a sum of Rs.2,00,000/- (Rupees Two Lakhs only) to the credit of C.C.No.6 of 2010 on the file of the II Additional District Court for CBI Cases, Madurai; and (iii) 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/- 15/04/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE JUDGE, II ADDITIONAL DISTRICT COURT FOR CBI CASES, MADURAI.

2. THE DEPUTY SUPERINTENDENT OF POLICE, CBI : SPA : ACB, CHENNAI.

3. THE SUPERINTENDENT,CENTRAL PRISON, MADURAI.

4. THE SPECIAL PUBLIC PROSECUTOR FOR CBI CASES, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. C.C. to Mr.S.RAVI Advocate SR.No.6778 ORDER IN CRL MP(MD) No.3550 of 2019 IN CRL A(MD) No.164 of 2019 Date :15/04/2019 MS/MMS/SAR-1/15.04.2019/3P.6C