Mala v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.04.2025

CORAM

THE HONOURABLE MR JUSTICE B.PUGALENDHI in Crl.A.(MD)No.311 of 2025 Mala, W/o.S.Rajendran, Formerly the Personal Assistant (Noon Meals) to the Collector, Thanjavur, Residing at No.41, Alamelu Mangai Street, K.K.Nagar, Tiruchirappalli - 21.

Petitioner(s) versus The State rep. by The Inspector of Police, Vigilance and Anti Corruption, Thanjavur.

Respondent(s) For Petitioner(s):

M/s.W.Pamelin Advocate For Respondent(s):

Mr.P.Kottaichamy, Government Advocate (Crl. Side)

ORDER

The petitioner is an accused in Spl. Case No.8 of 2015 on the file of the Special 1/5

Court for Prevention of Corruption Act Cases/Chief Judicial Magistrate, Thanjavur at Kumbakonam. After the trial, the trial Court, by its Judgment dated 06.02.2025, found the petitioner guilty for the offence under Sections 7 and 13(2) r/w. 13(1)(d) of Prevention of Corruption Act and convicted and sentenced her as follows: (i) for the offence under Section 7 of Prevention of Corruption Act, to undergo 3 years rigorous imprisonment and to pay a fine of Rs.5,000/-, with the default sentence of three months simple imprisonment. (ii) for the offence under Section 13(2) r/w. 13(1)(d) of Prevention of Corruption Act, to undergo 1 year rigorous imprisonment and to pay a fine of Rs.2,000/-, with the default sentence of two months simple imprisonment.

Challenging the Judgment of conviction and sentence, the petitioner has preferred an appeal in Crl.A.(MD)No.311 of 2025 along with a petition to suspend the sentence imposed by the trial Court in Crl.M.P.(MD)No.3235 of 2025. The Criminal Appeal was admitted by this Court on 12.03.2025. However, considering the conduct of the petitioner in not surrendering after the completion of interim suspension period, the earlier petition filed by the petitioner in Crl.M.P.(MD)No.3235 of 2025 was dismissed by this Court, by its order dated 12.03.2025.

2. This is the second petition moved by the petitioner on the ground that she 2/5

has surrendered before the trial Court on 24.03.2025 and she is in jail for the past 8 days.

3. The learned counsel for the petitioner also claims that the petitioner is aged about 64 years and she is also having an autism child. Therefore, she seeks to suspend the sentence imposed against the petitioner. She has also relied on the grounds raised in support of the appeal.

4. Heard the learned Government Advocate (Crl. Side).

5. The petitioner has raised certain arguable points, which can be considered only during the final hearing of the appeal. However the appeal could not be taken up for final hearing for want of time. Considering the points raised by the petitioner, her period of incarceration and for the reason that the appeal could not be taken up immediately, this Court is inclined to allow this petition.

6. Accordingly, the substantive sentence of imprisonment alone is suspended pending disposal of the criminal appeal and the petitioner is ordered to be enlarged on bail on executing a bond for Rs.25,000/- (Rupees Twenty Five Thousand only) 3/5

with two sureties each for a like sum to the satisfaction of the Special Court for Vigilance and Anti Corruption Act Cases and Chief Judicial Magistrate, Thanjavur at Kumbakonam and on further condition that the petitioner shall appear before the said Court once in a month, i.e. on the first working day of every English Calender month at 10.30 a.m., till the disposal of the appeal. sd/- 01/04/2025 / TRUE COPY / 01/04/2025 Sub-Assistant Registrar (C.S. I / II / III / IV) Madurai Bench of Madras High Court, Madurai - 625 023.

OGY TO 1 THE JUDGE SPECIAL COURT FOR PREVENTION OF CORRUPTION ACT CASES/CHIEF JUDICIAL MAGISTRATE, THANJAVUR AT KUMBAKONAM.

2 THE INSPECTOR OF POLICE, VIGILANCE AND ANTI CORRUPTION, THANJAVUR.

3 THE SUPERINTENDENT CENTRAL PRISON, TRICHY.

4 THE SUPERINTENDENT SPECIAL PRISON FOR WOMEN, TRICHY.

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

+1 CC to M/s.W.PAMELIN, Advocate ( SR-3707[I] dated 01/04/2025 )

ORDER

IN CRL MP(MD) No.4283 of 2025 in Crl.A.(MD)No.311 of 2025 Date :01/04/2025 SS/SAR- /01/04/2025/ 5P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5