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Madras High CourtCRL MP(MD)/6412/2018disposed of

Sivagamasundari v. The Deputy Superintendent Of

2018-08-11Honourable Dr Justice G. Jayachandran2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Saturday, the Eleventh day of August Two Thousand Eighteen PRESENT The Hon`ble Dr.Justice G.JAYACHANDRAN CRL MP(MD) No.6412 of 2018 IN CRL A(MD) No.365 of 2018 SIVAGAMASUNDARI ... APPELLANT/ACCUSED NO.1 Vs STATE REP.BY THE DEPUTY SUPERINTENDENT OF POLICE, VIGILANCE AND ANTI CORRUPTION, PUDUKKOTTAI, (CRIME NO.56/2002) ... RESPONDENT/COMPLAINANT Petition praying that in the circumstances stated therein and in the petition filed therewith the High Court will be pleased to suspend the sentence of Imprisonment imposed by the Learned Chief Judicial Magistrate, Special Judge, Pudukkottai in Spl.C.C.No.2/2003 by the Judgement dated 24/07/2018 and enlarge the petitioner/accused 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 M/S.D.RAMESHKUMAR, Advocate for the petitioner and of Mr.K.K.RAMAKRISHNAN Public Prosecutor and Vigilance and Anti Corruption for the Respondents While admitting Crl Appeal 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 herein was found guilty for demand of Rs.10,000/- as bribe to register a sale deed and received a sum of Rs.5,000/- as first installment. The trial court under Section 7 of Prevention of Corruption Act, 1988 found the petitioner guilty and sentenced him to undergo one year rigorous imprisonment and imposed fine of Rs.2,000/- in default to undergo three months rigorous imprisonment and two years rigorous imprisonment for the offence under Section 13 (2) r/w 13(1)(d) of Prevention of Corruption Act,1988 and imposed fine of Rs.3,000/- in default to undergo six months simple imprisonment.

https://hcservices.ecourts.gov.in/hcservices/ 3.It is submitted by the learned counsel for the petitioner

that the fine amount has been paid and the trial Court suspended the sentence till 23.08.2018.

4.Considering the grounds raised by the petitioner in the appeal the substantive sentence of imprisonment alone is suspended until further orders 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 learned Chief Judicial Magistrate, Special Judge, Pudukkottai.

(ii) The petitioner shall report before the trial Court on the first working day of every English calender month. sd/- 11/08/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TA TO THE JUDICIAL MAGISTRATE, SPECIAL JUDGE, PUDUKKOTTAI.

2 THE DEPUTY SUPERINTENDENT OFPOLICE, VIGILANCE AND ANTI CORRUPTION, PUDUKKOTTAI.

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

+1. C.C. to M/S.D.RAMESHKUMAR Advocate SR.No.15385 PS/MMS/SAR-4:20/08/2018:2P/4C:

ORDER

IN CRL MP(MD) No.6412 of 2018 IN CRL A(MD) No.365 of 2018 Date :11/08/2018 https://hcservices.ecourts.gov.in/hcservices/