B.Rajendran v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Eighth day of February Two Thousand and Twenty One PRESENT The Hon`ble Mr.Justice K.MURALI SHANKAR IN CRL A(MD) No.51 of 2021 B.RAJENDRAN ... APPELLANT/SOLE ACCUSED Vs STATE REP.BY THE INSPECTOR OF POLICE, VIGILANCE AND ANTI CORRUPTION, DINDIGUL DETACHMENT, DINDIGUL DISTRICT. ... 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 and grant bail to the Appellant/Sole Accused against the judgment dated 18/01/2021 in Special Calendar Case No.1 of 2014 on the file of the Special Judge/Chief Judicial Magistrate, Dindigul in Crime no.4 of 2009 on the file of the Respondent pending disposal of the instant Criminal Appeal on such terms and conditions as may be deemed fit.

Prayer in CRL A(MD) No.51 of 2021:

To call for the records of the Judgment dated 18.01.2021 in Special Calendar Case No.1 of 2014 on the file of the Special Judge/ Chief Judicial Magistrate, Dindigul in Crime No.4 of 2009 on the file of the Respondent and set aside the same and acquit the Appellant/Sole Accused.

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.I.PINAYGASH, Advocate for the Appellant and of MR.K.K.RAMAKRISHNAN, Additional Public Prosecutor on behalf of the Respondent, while admitting the Criminal Appeal, 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.

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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 one year simple imprisonment and to pay a fine of Rs.30,000/- in default to undergo simple imprisonment for 2 months and to undergo 1 year simple imprisonment and to pay a fine of Rs.30,000/- in default to undergo simple imprisonment for 2 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 2014 on the file of the learned Special Judge/Chief Judicial Magistrate, Dindigul. 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 his 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 learned Special Judge/Chief Judicial Magistrate, Dindigul 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/- 08/02/2021 / 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.

TO 1 THE SPECIAL JUDGE/ CHIEF JUDICIAL MAGISTRATE, DINDIGUL.

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2 THE INSPECTOR OF POLICE, VIGILANCE AND ANTI CORRUPTION, DINDIGUL DETACHMENT, DINDIGUL DISTRICT.

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

ORDER

IN IN CRL A(MD) No.51 of 2021 Date :08/02/2021 das JM/VR/SAR IV/08.02.2021/3P/4C 3/3