P.Suriya Kala v. The Deputy Superintendent Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twenty Seventh day of January Two Thousand and Twenty One PRESENT The Hon`ble Mr.Justice K.MURALI SHANKAR in CRL A(MD)No.38 of 2021 P.SURIYA KALA ... PETITIONER/ ACCUSED(SINGLE) Vs STATE REP.BY THE DEPUTY SUPERINTENDENT OF POLICE, VIGILANNCE AND ANTI-CORRUPTION, SIVAGANGAI.
(CRIME NO.1/2015) ... RESPONDENT/ COMPLAINANT Petition filed praying that in the circumstances stated therein and in the petition filed therewith the High Court may be pleased to suspend the sentence imposed by the Special Court for Trial of Cases under the Prevention of Corruption Act, Sivagangai in Spl. C.C.No.1/2017 vide judgment dated 19.01.2021 and enlarge the petitioner on bail pending the disposal of the main Criminal Appeal pending on the file of this Hon'ble Court.
Prayer in CRL A(MD)No.38 of 2021;
To call for the entire records pertaining to the judgment and conviction delivered by the Special Court for Trial of Cases under the Prevention of Corruption Act, Sivagangai in Spl.C.C.No.1/2017 vide judgment dated 19.01.2021 and set aside the same and consequently acquit the appellant from all the charges mentioned in the said case.
Order : This petition coming up for orders on this day, upon perusing the petition filed in support thereof and upon hearing the arguments of MR.R.ANAND, Advocate for the petitioner and of MR.K.K.RAMAKRISHNAN, Additional Public Prosecutor on behalf of the Respondent, the court made the following order:- Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the respondent.
2. I have perused the petitioner's affidavit filed in support of the above petition, judgment of the trial Court and the memorandum of the appeal.
1/3
3.The petitioner has been convicted by the learned trial Judge for the offence under Section 7 of Prevention of Corruption Act, 1988, to undergo 4 years simple imprisonment and to pay a fine of Rs.5,000/- in default to undergo simple imprisonment for 6 months and to undergo 4 years simple imprisonment and to pay a fine of Rs.5,000/- in default to undergo simple imprisonment for 6 months for the offence under Section 13(2) r/w 13(1) (d) of Prevention of Corruption Act, 1988, in Spl.C.C.No.01 of 2017 on the file of the Special Court for Trial of Cases under Prevention of Corruption Act, Sivagangai.
4.The learned counsel appearing for the petitioner has raised substantial points in the memorandum of appeal, which requires a detailed consideration by this Court.
5.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 that 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.
6.Accordingly, this petition is allowed and the substantive sentence of imprisonment alone is suspended pending disposal of the appeal and the petitioner is ordered to be released on bail on her executing 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 Judge for Trial of Cases under Prevention of Corruption Act, Sivagangai and on further condition that the petitioner shall appear before the said Court on the first working day of every month at 10.30 am, pending appeal.
sd/- 27/01/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.
2/3
TO 1 THE SPECIAL JUDGE FOR TRIAL OF CASES UNDER THE PREVENTION OF CORRUPTION ACT, SIVAGANGAI.
2 THE DEPUTY SUPERINTENDENT OF POLICE, VIGILANNCE AND ANTI-CORRUPTION, SIVAGANGAI.
3 THE OFFICER INCHARGE, SPECIAL PRISON FOR WOMEN, MADURAI DISTRICT.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL MP(MD) No.535 of 2021 IN CRL A(MD)No.38 of 2021 Date :27/01/2021 MS/PN/SAR-3/27.01.2021/3P.5C 3/3