S.Anjaladevi v. The State Of Tamilnadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17-03-2025
CORAM
THE HONOURABLE MR JUSTICE B.PUGALENDHI in CRL A(MD)NO.272 of 2025 S.Anjaladevi Petitioner(s) Vs The State of Tamil Nadu Rep by The Inspector of Police, Vigilance and Anti Corruption Department, Thanjavur. Crime No. 7/2017 Respondent(s) For Petitioner(s):
S.Venkatesan For Respondent(s):
T.Senthilkumar Additional Public Prosecutor
ORDER
This Criminal Miscellaneous Petition is filed by the petitioner /accused to suspend the sentence imposed as against her by the learned Chief Judicial Magistrate, Thanjavur at Kumbakonam, in Spl.Case No.5 of 2018, dated 13.02.2025. 2.It is a case of trap and the petitioner was charged for the offence u/s.7, 13(2) r/w 13(1)(d) of the Prevention of Corruption Act. The trial Court has found the petitioner 1/4
/ accused guilty, convicted and sentenced her as follows:- • to undergo rigorous imprisonment for three years and a fine of Rs.3,000/-, in default, to undergo simple imprisonment for three months, for the offence u/s.7 of the Prevention of Corruption Act;
• to undergo rigorous imprisonment for one year and a fine of Rs.1000/-, in default, to undergo simple imprisonment for two months, for the offence u/s.13(1)(d) r/w 13(2) of the Prevention of Corruption Act. 3.Learned counsel for the petitioner/appellant submitted that the trial Court, while passing the impugned judgment of conviction and sentence dated 13.02.2025, has suspended the sentence till 11.03.2025. He further submitted that the petitioner has surrendered before the trial Court on 13.03.2025 and she is now in jail. According to him, the prosecution has not proved the case beyond reasonable doubt. The petitioner is having a fair chance of succeeding in the appeal and therefore, he prayed to suspend the sentence pending the criminal appeal. 4.The learned Additional Public Prosecutor appearing for the State submitted that the trial Court has considered the evidence and the documents produced by the prosecution and rightly found the petitioner guilty and convicted. Therefore, he has raised his objection to suspend the sentence imposed on the petitioner, pending this appeal.
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5.This Court considered the submissions made by the learned Counsel on either side and perused the materials placed on record.
6.The petitioner has made out certain arguable points, which needs to be considered at the time of final disposal of the appeal. However, the appeal could not be taken up for final hearing in the near future. The petitioner, after the expiry of the suspension period granted by the trial Court, has surrendered and she is now in jail. Therefore, this Court is inclined to suspend the sentence imposed on the petitioner. 7.Accordingly, this miscellaneous petition is allowed and the substantive sentence of imprisonment alone is suspended pending disposal of the criminal appeal. The petitioner is ordered to be enlarged on bail on executing a bond for Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties each for a like sum to the satisfaction of the learned Chief Judicial Magistrate, Thanjavur at Kumbakonam.
The petitioner shall stay at Villupuram and shall report before the Station House Officer, Villupuram Town Police Station, daily at 10.30 a.m., until further orders. sd/- 17/03/2025 / TRUE COPY / /03/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
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gk To 1.The Chief Judicial Magistrate, Thanjavur at Kumbakonam.
2. The Inspector of Police, Vigilance and Anti Corruption Department, Thanjavur.
3.The Superintendent, Central Prison, Trichy.
4.The Station House Officer, Villupuram Town Police Station, Villupuram.
5.The Superintendent, Special Prison for Women, Trichy.
6 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN in CRL A(MD)NO.272 of 2025 Date :17/03/2025 MK/SKN/SAR /25.03.2025 4P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4