M.Arumugam v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Seventeenth day of June Two Thousand and Twenty Two PRESENT The Hon`ble Mr.Justice K.MURALI SHANKAR IN CRL A(MD) No.384 of 2022 M.ARUMUGAM ... APPELLANT/ACCUSED NO.2 Vs STATE REP.BY THE INSPECTOR OF POLICE VIGILANCE AND ANTI-CORRUPTION WING, TIRUCHIRAPPALLI.
CRIME NO.5 OF 2004.
... 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 of imprisonment in Special Case No.84/2011, dated 31.05.2022 on the file of the Learned the Special Judge for trial of cases under the Prevention of Corruption Act, Tiruchirappalli and enlarge the Petitioner on bail till the disposal of the Criminal Appeal.
Prayer in CRL A(MD)No.384 of 2022 :
To call for the records and to set aside the conviction and sentence passed in Special Case No.84/2011, dated 31.05.2022 on the file of the Learned the special judge for trial of cases under the prevention of corruption act, Trichirappalli. Order : This petition coming up for orders on this day, upon perusing the petition filed in support thereof and upon hearing the arguments of M/S.RAMAKIRSHANAN K.K, Advocate for the petitioner and of MR.B.NAMBI SELVAN, Additional Public Prosecutor on behalf of the Respondent, the court made the following order:- This petition has been filed to suspend the sentence passed in Spl.Case No.84 of 2011, dated 31.05.2022, on the file of the learned Special Judge for Trial of Cases under the Prevention of Corruption Act, Trichirappalli, till the disposal of this Criminal Appeal. 2.
The learned counsel appearing for the petitioner submitted that the trial Court convicted the petitioner/accused in Spl.Case No.84 of 2011, dated 31.05.2022 on the file of the learned Special Judge for Trial of Cases under the Prevention of Corruption Act, Trichirappalli, for the offence under Section 12 of Prevention of Corruption Act r/w Section 109 IPC and sentenced him to undergo three years Rigorous Imprisonment and to pay a fine of Rs.10,000/- in default to undergo three months Simple Imprisonment.
Court has suspended the sentence imposed on the petitioner till 30.06.2022. Challenging the above said conviction and sentence, the petitioner has preferred the present Criminal Appeal along with the above Miscellaneous Petition seeking suspension of sentence. 3.The learned counsel appearing for the petitioner submitted that there are several infirmities in the prosecution case and further there are contradictions in material particulars between the evidence of the prosecution witnesses.
4.The learned counsel appearing for the respondent submitted that there are enough materials available on record against the petitioner and hence, he strongly opposed to grant suspension of sentence.
5.This Court has carefully considered the rival contentions put forward by either side and also perused the materials available on record.
6.The learned counsel appearing for the petitioner pointed out that certain infirmities and inconsistencies in this case and also certain contradictions in material particulars. The fact remains that there are arguable points involved in this criminal appeal and further the criminal appeal is not likely to be taken up for final hearing in the near future and as such, this Court is of the considered view that the petitioner herein is entitled to the relief of grant of suspension of sentence.
7.Accordingly, the relief of suspension of sentence is granted to the petitioner on the following conditions:- (i) The petitioner 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 learned Special Judge for Trial of Cases under the Prevention of Corruption Act, Trichirappalli. (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 petitioner shall appear before the concerned Court once in a month i.e., on first working day of every English calendar month at 10.30 a.m., till the disposal of the appeal.
sd/- 17/06/2022 / TRUE COPY / 27/06/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
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Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.
TO 1 THE SPECIAL JUDGE FOR TRIAL OF CASES UNDER THE PREVENTION OF CORRUPTION ACT, TRICHIRAPPALLI.
2 THE INSPECTOR OF POLICE VIGILANCE AND ANTI-CORRUPTION WING, TIRUCHIRAPPALLI.
3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.K.K.RAMAKRISHNAN, Advocate(SR-5713[I] dated 17/06/2022)
ORDER
IN IN CRL A(MD) No.384 of 2022 Date :17/06/2022 RS/VR/SAR.1 (27.06.2022) 3P-5C 3/3