Krishnan v. The Inspecor 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.3980 of 2016 IN CRL A(MD) No.158 of 2016 1 KRISHNAN 2 A. KARUPPANAN 3 K. THIYAGARAJAN 4 K. PAPPATHI 5 S. SARAVANAN ... PETITIONERS / APPELLANTS Vs THE STATE REPRESENTED BY THE INSPECTOR OF POLICE E.O.W. II, KARUR.
... 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 dated 26.04.2016 made in C.C. No. 77 of 2008 on the file of the Special Court under Tamil Nadu Protection of interest of Depositors (Financial Establishment) Act 1997, Madurai pending disposal of the above Appeal and pass such further or other orders as this Honourable Court. Order : This petition coming on for orders upon perusing the petition filed in support thereof and upon hearing the arguments of M/S.P.SANTHOSHKUMAR, Advocate for the petitioners and of Mr.A.P.BALASUBRAMANI, Government Advocate (Crl. Side) for the respondent while admitting the petition, this court made the following order:- The petitioners seek for suspension of the substantive sentence of imprisonment imposed on them 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 each to undergo 6 months rigorous imprisonment to each count and each to pay a fine of Rs.500/- each count, in default, to undergo simple imprisonment for 3 months.
3. The petitioners have 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 petitioners 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, https://hcservices.ecourts.gov.in/hcservices/
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 each of them 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 Protection of Interest of Depositors (in Financial Establishment) Act, 1997, Madurai.
b) On such release, the petitioners 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 TAMILNADU PROTECTION OF INTEREST OF DEPOSITORS (IN FINANCIAL ESTABLISHMENT) ACT, 1997, MADURAI 2 THE INSPECTOR OF POLICE E.O.W. II, KARUR.
3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. C.C. to M/S P.SANTHOSHKUMAR Advocate SR.No.25998
ORDER
IN CRL MP(MD) No.3980 of 2016 IN CRL A(MD) No.158 of 2016 Date :04/05/2016 sj SH/GSV-PM/SAR-III:05.05.2016:2P/5C https://hcservices.ecourts.gov.in/hcservices/