G. Mahendran v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Thirteenth day of June Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL MP(MD) No.4289 of 2018 IN CRL RC(MD) No.311 of 2018 G. MAHENDRAN ... PETITIONER/PETITIONER Vs THE INSPECTOR OF POLICE SPECIAL CBI, ACB CHENNAI (FIR NO.RC 54(A)/2006) ... RESPONDENT/RESPONDENT Petition praying that in the circumstances stated therein and in the petition filed therewith the High Court may be pleased to suspend the sentence as per the Judgement of the Learned II Additional District and Sessions Judge, Tiruchirppalli made in C.A.NO.7/2014 dated 28/02/2017 confirming the conviction and sentence passed by the Learned Chief Judicial Magistrate, Tiruchirappalli in C.C.No.8/2007 dated 31/12/2013 pending disposal of the above Crl.R.C.

Order : This petition coming on for orders upon perusing the petition filed in support thereof and upon hearing the arguments of MR.C.JEGANATHAN for M/S.VEERA ASSOCIATES, Advocate for the petitioner and of MR.PAUL PANDI, Special Public Prosecutor for CBI Case and while admitting the CRL RC, the court made the following order:- The petitioner is figured as fourth accused. He was found guilty in C.C.No.8 of 2007 on the file of the learned Chief Judicial Magistrate, Tiruchirapalli and the same also confirmed in Cr.A.No.7 of 2014 on the file of the learned II Additional District and Sessions Judge, Tiruchirapalli.

2. After trial, he has been convicted and sentenced as under: Conviction Sentence Section 120(B) r/w 182 of I.P.C 6 months S.I. Section 420 of I.P.C 2 years S.I. + 2,000/- i/d 3 months S.I.

Section 471 of I.P.C 2 years S.I. + 2,000/- i/d 3 months S.I.

Section 420 r/w 511 of I.P.C 1-1/2 years S.I. + 2,000/- i/d 3 months S.I.

3.In the facts and circumstances, perusing the impugned Judgments and the materials on record, this Court is of the view that certain eminently arguable points are involved in this criminal revision. They are required to be examined in detail in the main criminal revision. Further, it will take some time for the disposal of the criminal revision. On considerations, this petition is ordered as under:

Revision bail is granted.

(i)Substantial sentence alone is suspended on condition that the petitioner shall execute a bond for Rs.10,000/- (Rupees ten thousand only) with two sureties for the like sum each to the satisfaction of the learned Chief Judicial Magistrate, Tiruchirapalli.

(ii)The petitioner shall appear before the concerned Magistrate after a period of four weeks from the date on which the order copy is made ready.

sd/- 13/06/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE II ADDITIONAL DISTRICT AND SESSIONS JUDGE, TIRUCHIRAPALLI 2 THE CHIEF JUDICIAL MAGISTRATE TIRUCHIRAPALLI

3 THE INSPECTOR OF POLICE SPECIAL CBI, ACB CHENNAI 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. C.C. to M/S.VEERA ASSOCIATES Advocate SR.No.10492

ORDER

IN CRL MP(MD) No.4289 of 2018 IN CRL RC(MD) No.311 of 2018 Date :13/06/2018 SMA/CM-VR/VK/13.06.2018:2P/6C