V.Pushpavalli v. The Inspector Of Police

CRL MP(MD) No.5816 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Ninth day of June Two Thousand and Twenty Two PRESENT The Hon`ble Mr.Justice K.MURALI SHANKAR CRL MP(MD) No.5816 of 2022 IN CRL A(MD)No.335 of 2022 V.PUSHPAVALLI ... PETITIONER/APPELLANT/ ACCUSED No.1 Vs THE STATE REP.BY THE INSPECTOR OF POLICE VIGILANCE AND ANTI CORRUPTION WING, TRICHY, TRICHY DISTRICT.

CRIME NO. 5 OF 2004 ... RESPONDENT/RESPONDENT/ COMPLAINANT Petition filed praying that in the circumstances stated therein and in the petition filed therewith the High Court may be pleased to Suspend the sentence and enlarge the petitioner on bail imposed on the appeallant by the judgement dated 25.04.2022 made in Special case No.18 of 2011 on the file of the Special court for Trial of cases under the Prevention of Corruption Act, Tiruchirapalli pending disposal of the Criminal Appeal.

PRAYER IN CRL.A(MD)No.335/2022:

Pleased to call for the records relating to the judgment dated 25.04.2022 made in Special Case No.18 of 2011 on the file of Special Court for Trial of Prevention of Corruption Act Cases, Tiruchirapalli and set aside the conviction and sentence imposed against the appellant/accused and allow above appeal by acquitting the accused.

Order : This petition coming up for orders on this day, upon perusing the petition filed in support thereof and upon hearing the arguments of Mr.J.SULTHAN BASHA, Advocate for M/S.AJMAL ASSOCIATES, for the petitioner and of M/s.R.MEENAKSHI SUNDARAM, Additional Public Prosecutor on behalf of the Respondent, the court made the following order:- Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the respondent.

2. The petitioner has been convicted by the learned trial Judge and sentenced him for the offence under Sections 7 and 13(2) r/w 13 https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL MP(MD) No.5816 of 2022

(1) (d) of Prevention of Corruption Act, vide judgment, dated 25.04.2022 in S.C.No.18 of 2011 on the file of the learned Special Judge for trial of cases under the Prevention of Corruption Act, Tiruchirappalli.

3.The learned counsel appearing for the petitioner would submit that the petitioner has already been granted interim suspension of sentence, vide order dated 19.05.2022.

4.Considering the facts and circumstances of the case and also considering the submissions of the learned counsel for the petitioner that there are several infirmities in the prosecution case in respect of the petitioner and that there are arguable points involved in the appeal and further that the appeal is not likely to be taken up for final hearing in the near future, this Court is of the view that the petitioner herein is entitled to the relief of suspension of sentence and the interim suspension of sentence already granted is made absolute.

5.Accordingly, this petition is allowed and the substantive sentence of imprisonment alone is suspended subject to the condition that the petitioner shall appear before the concerned Court on the first working day of every month at 10.30 am and that sureties already executed shall stand good.

sd/- 09/06/2022 / TRUE COPY / 13/06/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDGE, SPECIAL COURT FOR TRIAL OF CASES UNDER THE PREVENTION OF CORRUPTION ACT, TIRUCHIRAPALLI. 2 THE INSPECTOR OF POLICE VIGILANCE AND ANTI CORRUPTION WING, TRICHY, TRICHY DISTRICT.

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

+1. C.C. to M/S.AJMAL ASSOCIATES Advocate SR.No.5351 ORDER IN CRL MP(MD) No.5816 of 2022 IN CRL A(MD)No.335 of 2022 Date :09/06/2022 SA/PN/SAR.2/13.06.2022/2P/5C https://hcservices.ecourts.gov.in/hcservices/ 2/2