Sethu v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Fourth day of May Two Thousand Sixteen PRESENT The Hon`ble Mr.Justice P.N.PRAKASH CRL MP(MD) No.3979 of 2016 IN CRL A(MD) No.157 of 2016 SETHU ... PETITIONER/APPELLANT Vs STATE REP.BY THE INSPECTOR OF POLICE ECONOMICS OFFENCES WING-II, KARUR DISTRICT.

(CR. NO.4/2004) ... RESPONDENT/RESPONDENT Petition praying that in the circumstances stated therein and in the petition filed therewith the High Court will be pleased to suspend the sentence made in C.C.No.77 of 2008 dated 26.04.2016 on the file of the Learned Special Judge under TNPID Act Madurai and enlarge the petitioner on bail pending disposal of the above 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.KRISHNAMOORTHY, Advocate for the petitioner and of MR.A.P.BALASUBRAMANI,Govt.Advocate on behalf of the Respondent the court made the following order:- The petitioner seek for suspension of the substantive sentence of imprisonment imposed on him by the Special Judge under the Tamilnadu Protection of Interest of Depositors (in Financial Establishment) Act, 1997, Madurai, in C.C.No.77/2008 by the judgment dated 26.04.2016.

2. This Criminal Appeal has been filed challenging the judgment in C.C.No.77 of 2008 convicting the accused for offence under Section 5 of TNPID Act and sentenced to undergo 6 months rigorous imprisonment to each count and to pay a fine of Rs.500/- each count, in default, to undergo simple imprisonment for 3 months.

3. The petitioner has raised substantial grounds in the appeal. Since the appeal will not be taken up immediately, it will be in the interest of justice, the sentence can be suspended and the accused can be ordered to be released on bail. Further, it is seen that the Court below has granted suspension of sentence till 10.05.2016. Accordingly, the substantive sentence imposed upon the petitioner in C.C.No.77/2008 on 26.04.2016 by the Special Judge under the Tamilnadu Protection of Interest of Depositors (in Financial Establishment) Act, 1997, Madurai, is suspended and the accused is directed to be released on bail on the following conditions:- a) The substantive sentence of imprisonment alone shall be suspended pending disposal of the appeal on his executing a bond for Rs.10,000/- (Rupees Ten thousand only) with two sureties each for the like sum to the satisfaction of the learned Special Judge under the Tamilnadu https://hcservices.ecourts.gov.in/hcservices/

Protection of Interest of Depositors (in Financial Establishment) Act, 1997, Madurai.

b) On such release, the petitioner shall report before the Court of Special Judge under the Tamilnadu Protection of Interest of Depositors (in Financial Establishment) Act, 1997, Madurai, on the first day of every English calendar month until further orders. sd/- 04/05/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE SPECIAL JUDGE UNDER TNPID ACT, MADURAI.

2 THE INSPECTOR OF POLICE ECONOMICS OFFENCES WING-II, KARUR DISTRICT.

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

+1. C.C. to M/S S.KRISHNAMOORTHY Advocate SR.No.25991

ORDER

IN CRL MP(MD) No.3979 of 2016 IN CRL A(MD) No.157 of 2016 Date :04/05/2016 RG/AAL-MPA/SAR III/05.05.2016/2P/5C https://hcservices.ecourts.gov.in/hcservices/