Palanivelu, S/O.Veeran v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Thirty First day of October Two Thousand Eighteen PRESENT The Hon`ble Dr.Justice G.JAYACHANDRAN CRL MP(MD) No.8868 of 2018 IN CRL A(MD) No.490 of 2018 PALANIVELU ... PETITIONER/APPELLANT Vs THE STATE REPRESENTED BY, THE INSPECTOR OF POLICE VIGILANCE AND ANTI CORRUPTION, TRICHY CR.NO.2/2006 ... RESPONDENT/RESPONDENT Petition praying that in the circumstances stated therein and in the petition filed therewith the High Court will be pleased to suspend the sentence imposed on the petitioner/appellant in Special Case NO.59/2011 dated 27.09.
2018 under section 7 and under section 13(2) read with 13(1)(d) of the Prevention of Corruption Act, 1988 by the Hon'ble Special Court for the Trial of cases under the Prevention of Corruption Act, 1988, Tiruchirappalli sentencing the petitioner/appellant to undergo one year rigorous imprisonment Under Section 7 of the Prevention of Corruption Act, 1988 with a fine of Rs.1500/- in default to pay the fine to undergo one month simple imprisonment and sentencing the petitioner/appellnat to undergo two years rigorous imprisonment under section 13(2) read with 13(1)(d) of the Prevention of Corruption Act, 1988 with a fine of Rs.1500/- in default to pay the fine to undergo onemonth simple imprisonment pending the disposal of Criminal Appeal and render justice.
Order : This petition coming on for orders upon perusing the petition filed in support thereof and upon hearing the arguments of MR.T.M.MADASAMY, Advocate for the petitioner and of MR.K.K.RAMAKRISHNAN, Additional Public Prosecutor on behalf of the Respondent, while admitting the Crl.A., the court made the following order:- Heard the learned counsel for the petitioner / accused. Since there are arguable points involved in the appeal, appeal has been admitted.
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2.The trial Court while sentencing the accused has suspended the sentence till the expiry of the appeal period. The bribe amount involved in this case is Rs.200/-. The sentence imposed against the petitioner / appellant is one year R.I., and fine of R.1,500/- in default to undergo one month simple imprisonment under Section 7 of the Prevention of Corruption Act, 1988 and two years R.I., and fine of Rs.1,500/-, in default to undergo one month simple imprisonment under Section 13(2) r/w 13(1)(d) of the Prevention of Corruption Act, 1988. Fine amount has already been paid by the petitioner/ appellant.
3.Taking note of the suspension granted by the trial Court, this Court is inclined to grant bail and suspend the sentence pending disposal of the appeal on the following conditions:- (i)The petitioner shall execute a bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with two sureties for a like sum to the satisfaction of the Special Court for the trial of cases under the Prevention of Corruption Act, 1988, Tiruchirappalli. (ii) The petitioner shall report before the trial Court on the first working day of every English calender month. sd/- 31/10/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE SPECIAL JUDGE FOR THE TRIAL OF CASES UNDER THE PREVENTION OF CORRUPTION ACTI, 1988, TIRUCHIRAPPALLI.
2 THE INSPECTOR OF POLICE VIGILANCE AND ANTI CORRUPTION, TRICHY 3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. C.C. to Mr.T.M.MADASAMY Advocate SR.No.20719 ORDER IN CRL MP(MD) No.8868 of 2018 IN CRL A(MD) No.490 of 2018 Date :31/10/2018 TA PK/RR/SAR-2/09.11.2018 : 2P/5C https://hcservices.ecourts.gov.in/hcservices/