V.Janakiraman v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Twenty Fourth day of May Two Thousand and Twenty Four PRESENT The Hon`ble Mrs.Justice S.SRIMATHY in CRL A(MD)No. 413 of 2024 V.JANAKIRAMAN ... PETITIONER/APPELLANT/ACCUSED NO.1 Vs THE INSPECTOR OF POLICE VIGILANCE AND ANTI CORRUPTION, TRICHY.
CRIME NO.6/2001. ... RESPONDENT/RESPONDENT/COMPLAINANT Criminal Miscellaneous 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 imposed on his father namely V.Janakiraman, S/o.Venugopal Naidu in pursuant to the Judgment dated 25/4/2024 made in Spl.C.No.91/2011 by the Learned Special Judge for Trial of Cases under Prevention of Corruption Act, Trichirappalli and enlarge the petitioner on bail pending disposal of the present appeal in the interest of justice.
Prayer in Crl A(MD)No. 413 of 2024:
Pleased to call for the records and set aside the judgment dated 25.04.2024 made in Special Case No. 91 of 2011 on the file of the Learned Special Judge for Trial of cases under Prevention of Corruption Act, Tiruchirapplli in the interest of justice. 1/5
Order : This Criminal Miscellaneous Petition coming up for orders on this day, upon perusing the petition filed in support thereof and upon hearing the arguments of MR.C.MUTHUSARAVANAN, Advocate for the petitioner and of MR.S.RAVI, Additional Public prosecutor on behalf of the Respondent, the court made the following order:- This petition has been filed to suspend the sentence imposed in Spl.Case No.91 of 2011 dated 25.04.2024 by the leaned Special Judge for trial of Cases under Prevention of Corruption Act, Tiruchirappalli and enlarge the appellant on bail pending disposal of main Criminal appeal.
2. The leaned Special Judge for trial of Cases under Prevention of Corruption Act, Tiruchirappalli has passed an order, vide judgment dated 25.04.2024 in Spl.Case No.91 of 2011, convicted the appellant for the offence punishable under Section 109 of IPC r/w. Section 13(2) r/w. 13(1)(e) of Prevention of Corruption Act, 1988 and sentenced him to undergo fiver years of rigorous imprisonment and to pay a fine of Rs.10,000/- in default to under to six months simple imprisonment. Challenging the above judgment, the present appeal has been preferred.
3. The learned counsel appearing for the appellant submitted that there are arguable points in this Criminal Appeal and hence, prayed for suspension of sentence.
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4. Heard the learned counsel appearing for the appellant and perused the impugned judgments and the materials on record.
5. Taking into consideration of the above submission of the learned counsel appearing for the appellant, this Court finds that the appellant has substantial grounds in this Criminal Appeal, which require detailed appraisal. Therefore, this Court is of the view that the appellant is entitled to the relief of suspension of sentence.
6. Accordingly, it is ordered as follows :
(i)the appellant shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties, each for a like sum to the satisfaction of the leaned Special Judge for trial of Cases under Prevention of Corruption Act, Tiruchirappalli;
(ii) The sureties shall affix their photographs and Left Thumb Impression in the surety bond and the trial Court may obtain a copy of their Aadhar card or Bank Pass Book to ensure their identity; and (iii) The appellant shall appear before the trial Court once in a month i.e., 3/5
on the first working day of every English calendar month at 10.30 a.m., until further orders and if he is not able to appear before the trial Court on any day, he shall make arrangements to file an application under Section 317 of Cr.P.C and shall appear before the trial Court on any other day in lieu of the date of his absence, as directed by the trial Court.
sd/- 24/05/2024 / TRUE COPY / 24/05/2024 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
JBR TO 1 THE SPECIAL JUDGE FOR TRIAL OF CASES UNDER PREVENTION OF CORRUPTION ACT, TIRUCHIRAPPALLI.
2 THE INSPECTOR OF POLICE VIGILANCE AND ANTI CORRUPTION, TRICHY.
3 THE SUPERINTENDENT CENTRAL PRISON, TRICHY.
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4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.C.MUTHU SARAVANAN, Advocate ( SR-5829[I] dated 24/05/2024 )
ORDER
IN in CRL A(MD)No. 413 of 2024 Date :24/05/2024 PKP/24.05.2024/ 5P/ 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5