Madras High CourtCRL MP(MD)/4220/2018granted

M. Natarajan v. The Inspector Of Police

2018-06-12Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Twelfth day of June Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL MP(MD) No.4220 of 2018 IN CRL A(MD) No.268 of 2018 M.NATARAJAN ... PETITIONER/ APPELLANT/ SINGLE ACCUSED Vs STATE REP.BY THE INSPECTOR OF POLICE VIGILANCE AND ANTI-CORRUPTION, TIRUCHIRAPPALLI.

CRIME NO.35/2009 ... RESPONDENT/ RESPONDENT/ COMPLAINANT Petition praying that in the circumstances stated therein and in the petition filed therewith the High Court may be pleased to suspend the sentence imposed in Special Calendar Case No.9/2014 dated 23/05/2018 by the Learned Chief Judicial Magistrate cum Special Court for Trial of Prevention of Corruption Act Cases, Karur and enlarge the petitioner on bail pending disposal of the above Crl.A.

Order : This petition coming on for orders upon perusing the petition filed in support thereof and upon hearing the arguments of Mr.S.RAVI, Advocate for the petitioner and of Mr.A.ROBINSON, Government Advocate(Crl.Side) on behalf of the Respondent, While admitting the CRL.A, the court made the following order:- The Appellant was found guilty in Spl.C.C.No.9 of 2014 on the file of the learned Chief Judicial Magistrate cum Special Judge for trial of Prevention of Corruption Act Cases, Karur. 2.After trial, he has been convicted and sentenced as under: Conviction Sentence Section 7 of Prevention of Corruption Act 1 year S.I + Fine of Rs.500/-, i/d 1 week S.I.

Section 13(2) r/w 13(1)(d) of Prevention of Corruption Act 2 Years S.I. + Fine of Rs.1,000/-, i/d 1 week S.I.

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3.The above said sentences have been suspended by the Trial court till 30.06.2018. Fine amount has been paid by the appellant. 4.Considering the above facts and circumstances of the case, this Court is of the view that there are certain arguable points involved in this Criminal Appeal and they are required to be examined in detail in the main Appeal. I see prima facie case in favour of the appellant, for grant of an order of suspension.

5. On considerations, ordered as under:- (i) Appeal bail granted.

(ii) Sentence of imprisonment ordered by the trial Court alone is suspended, till the disposal of the appeal.

(iii) There shall be two sureties and they shall execute a bond for Rs.15,000/- (Rupees Fifteen Thousand Only) each to the satisfaction of the learned Chief Judicial Magistrate cum Special Judge for trial of Prevention of Corruption Act Cases, Karur.

(iv) The appellant shall appear before the said Court on the first working day of every month at 10.30 am., until further orders.

sd/- 12/06/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE CHIEF JUDICIAL MAGISTRATE CUM SPECIAL JUDGE FOR TRIAL OF PREVENTION OF CORRUPTION ACT CASES, KARUR.

2 THE INSPECTOR OF POLICE VIGILANCE AND ANTI-CORRUPTION, TIRUCHIRAPPALLI. 3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. C.C. to Mr.S.RAVI Advocate SR.No.10238 ORDER IN CRL MP(MD) No.4220 of 2018 IN CRL A(MD) No.268 of 2018 Date :12/06/2018 MS/PN/VK/14.06.2018/2P.5C https://hcservices.ecourts.gov.in/hcservices/