C.Sankaranarayanan v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Twenty Sixth day of May Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice C.V.KARTHIKEYAN CRL MP(MD) No.4247 to 4250 of 2017 IN CRL A(MD) No.381 of 2016 C.SANKARANARAYANAN ... PETITIONER/APPELLANT/ ACCUSED NO.1 IN ALL THE PETITIONS Vs THE STATE REP.BY THE INSPECTOR OF POLICE SPE:CBI:ACB:CHENNAI, RC61(A)/2004 ... RESPONDENT/RESPONDENT/ COMPLAINANT IN ALL THE PETITIONS PRAYER IN CRL MP(MD)NO.4247/2017 IN CRL A(MD)NO.381/2017: 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 on the Petitioner herein by the judgment dated 07/10/2016 made in C.C.No.4 of 2008 on the file of the II Additional District Judge for CBI Cases, Madurai and release him on bail pending disposal of the appeal vide Crl.A.(MD) No.381/2016.
Prayer in CRL MP(MD). 4248/ 2017 IN CRL A(MD)NO.382/2017: 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 on the Petitioner herein by the judgment dated 07/10/2016 made in C.C.No.5 of 2008 on the file of the II Additional District Judge for CBI Cases, Madurai and release him on bail pending disposal of the appeal vide Crl.A.(MD) No.382/2016.
Prayer in CRL MP(MD). 4249/ 2017 IN CRL A(MD)NO.383/2017 : 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 on the Petitioner herein by the judgment dated 07/10/2016 made in C.C.No.6 of 2008 on the file of the II Additional District Judge for CBI Cases, Madurai and release him on bail pending disposal of the appeal vide Crl.A.(MD) No.383/2016.
Prayer in CRL MP(MD). 4250/ 2017 IN CRL A(MD)NO.384/2017: 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 on the Petitioner herein by the judgment dated 07/10/2016 made in C.C.No.7of 2008 on the file of the II Additional District Judge for CBI Cases, Madurai and release him on bail pending disposal of the appeal vide Crl.A.(MD) No.384/2016. Order : These petitions coming on for orders upon perusing the petitions filed in support thereof and upon hearing the arguments of M/S.S.PALANI VELAYUTHAM, Advocate for the petitioner in all the petitions and of MR.S.JEYAKUMAR, Special Public Prosecutor for the Respondent in all the petitions the court made the following order:- The accused in C.C.Nos.4 to 7 of 2008, on the file of the learned II Additional District Judge for C.B.I., Cases, Madurai, while challenging his conviction and sentence, seeks appeal bail under Section 389 of Cr.P.C.
2. After trial, he has been convicted and sentenced in all cases as under:
Conviction Sentence Section 120-B r/w 420 I.P.C.,120-B r/w 477-A I.P.C., & 420 and 477-A I.P.C.
5 years R.I. + Fine Rs.5,000/-, i/d 3 months S.I.
The sentence of imprisonment shall run concurrently for the accused.
3. Fine amount has already been paid.
4. The learned counsel for the petitioner submitted that there are very many legal infirmities in the conviction recorded by the Trial Court and they are required to be revised.
5. The learned Special Public Prosecutor submitted that appreciating the evidence adduced the Trial Court has rightly convicted and appropriately sentenced the petitioner.
6. In the facts and circumstances, perusing the impugned Judgment and the materials on record, I am of the view that certain eminently arguable points are involved in these criminal appeals. They are required to be examined in detail in the main criminal appeals. Further, it will take some time for the disposal of the criminal appeals. Further, now the petitioner was confined at Central Prison, Madurai, by which, the necessity to consider this petition arises. On considerations, ordered as under: (i) The sentence alone is suspended.
(ii) Substantial sentence alone is suspended on condition that the petitioner shall execute a bond for Rs.10,000/- (Rupees Ten Thousand only) with two sureties for the
like sum each to the satisfaction of the learned II Additional District Judge for C.B.I., cases, Madurai.
(iii) The petitioner shall appear before the said Court on the first working day of every month at 10.30 a.m., until further orders.
sd/- 26/05/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, PMU Madurai - 625 023. TO 1 THE II ADDITIONAL DISTRICT JUDGE FOR CBI CASES, MADURAI 2 THE INSPECTOR OF POLICE SPE:CBI:ACB:CHENNAI, 3 THE SUPERINTENDENT, CENTRAL PRISON, MADURAI 4 THE SPECIAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. C.C. to M/S.S.PALANI VELAYUTHAM Advocate SR.No.22904 GJM/PN/SAR-I-26.5.17-3P-6C
ORDER
IN CRL MP(MD) No.4247 TO 4250 of 2017 IN CRL A(MD) No.381 TO 384 of 2016 Date :26/05/2017