K.Karunanidhi, v. Inspector Of Police,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Twelfth day of February Two Thousand Eighteen PRESENT The Hon`ble Mr Justice P.N.PRAKASH CRL MP(MD) No.978 of 2018 IN CRL A(MD) No.67 of 2018 K.KARUNANIDHI, ... APPELLANT/SOLE ACCUSED Vs STATE REPRESENTED BY INSPECTOR OF POLICE, VIGILANCE AND ANTI CORRUPTIONWING, MADURAI.
(CR.NO.27/2009) ... 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 execution of sentence and conviction by Learned Special Judge Vigilance and Anti-Corruption in S.C.No.69 of 2011 dated 23.01.2018 and release the petitioner pending disposal of the appeal.
Order : This petition coming on for orders upon perusing the petition filed in support thereof and upon hearing the arguments of M/S.S.DEVASENA, Advocate for the petitioner and of MRS.S.BHARATHI, Government Advocate (Crl.Side) for the Respondent while admitting the Crl.A the court made the following order:- The petitioner has been convicted in Special Case No.69 of 2011, by the learned Special Judge for Prevention of Corruption Act Cases, Madurai, on 23.01.2018, for the offence under Sections 7 and 13(1)(d) r/w 13(2) of Prevention of Corruption Act, 1988 and sentenced to undergo two years rigorous imprisonment and to pay a fine of Rs.1,000/-, in default to undergo three months simple imprisonment for each offence.
2. The learned counsel for the petitioner submitted that the petitioner has paid the fine amount and the Trial Court has suspended the sentence under Section 389(3) Cr.P.C., for a period of one month from 23.02.2018.
3. The learned counsel for the petitioner has raised substantial points in the memorandum of appeal, which require a
detailed consideration by this Court.
4. Considering the facts and circumstances of the case and also considering the submissions of the learned counsel for the petitioner that there are several infirmities in the prosecution case in respect of the petitioner and 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, this Court is of the view that the petitioner herein is entitled to the relief of suspension of sentence.
5. Accordingly, the substantive sentence of imprisonment alone is suspended and the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.10,000/-(Rupees ten thousand only) with two sureties, of whom, one should be a blood relative, each for a like sum to the satisfaction of the learned Special Judge for Prevention of Corruption Act Cases, Madurai and on further condition that:
(i) the petitioner and the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the learned Trial Judge may obtain a copy of their Aadhar Card or Bank Pass Book to ensure their identity.
(ii) the petitioner shall appear before the Trial Court on the first working day of every month until the disposal of the appeal and if he is not able to appear before the Trial Court on any day, he shall make arrangements to file an application under Section 317 Cr.P.C., and shall appear before the Trial Court on any other day in lieu of the date of his absence, as directed by the Trial Court.
sd/- 12/02/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE SPECIAL JUDGE VIGILANCE AND ANTI CORRUPTION CASES, MADURAI 2 THE INSPECTOR OF POLICE, VIGILANCE AND ANTI CORRUPTIONWING, MADURAI.
3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. C.C. to M/S.S.DEVASENA Advocate SR.No.2294 SJ GJM/PM/PN/SAR3-15.2.18-3P-5C
ORDER
IN CRL MP(MD) No.978 of 2018 IN CRL A(MD) No.67 of 2018 Date :12/02/2018