Sasikala v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22-05-2025
CORAM
THE HONOURABLE MR JUSTICE P.VADAMALAI IN CRL A(MD) NO. 590 OF 2025
1. Sasikala
2. Narasimman Petitioner(s) Vs The State of Tamil Nadu Rep by The Deputy Superintendent of Police, Vigilance and Anti Corruption Cell, Pudukkottai. (In Crime no. 9/2012 ) Respondent(s) For Petitioner(s):
D.Rameshkumar For Respondent(s):
Mr.P.Kottaichamy Government Advocate (Crl. side)
ORDER
This petition has been filed under Section 430 of BNSS, 2023 @ 389(1) of Cr.P.C., praying to suspend the sentence imposed in Spl.C.C.No.1 of 2014, dated 05.05.2025, passed by the Chief Judicial Magistrate, Pudukkottai, and to grant bail to the petitioners, pending disposal of the Criminal Appeal. 1/4
2. The learned counsel for the petitioners submitted that the petitioners have been convicted by the learned trial Judge and sentenced them to undergo one year simple imprisonment and to pay a sum of Rs.3,000/- fine in default to undergo one month simple imprisonment for the offences punishable under Section 7 of Prevention of Corruption Act and also to undergo two years simple imprisonment and to pay a sum of Rs.5,000/- fine, in default to undergo one month simple imprisonment for the offences punishable under Section 13(2) r/w. 13(1) of Prevention of Corruption Act, 1988 in Spl.C.C.No.1 of 2014 on the file of the Chief Judicial Magistrate Court, Pudukkottai.
3. Further, the learned Counsel for the petitioners would submit that after the judgment was rendered, the petitioner had filed an application before the trial Court to suspend the sentence and the same was allowed by the trial Court till 05.06.2025. 4.The learned Government Advocate (Crl.side) would fairly concede that the trial Court has suspended the sentence of imprisonment alone. 5.This Court has carefully considered either sides submissions and perused the materials available on record.
6.The learned counsel for the petitioners pointed out that certain infirmities and inconsistencies in this case and also certain contradictions in material particulars. The Trial Court suspended the sentence imposed against the petitioners till 2/4
05.06.2025. 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 petitioners herein are entitled to the relief of grant of suspension of sentence 7.Accordingly, this Criminal Miscellaneous Petition is allowed. The sentence of imprisonment imposed by the Chief Judicial Magistrate Court, Pudukkottai, in Spl.C.C.No.1 of 2014, dated 05.05.2025 is alone suspended subject to the following conditions:- i) The petitioners shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) each with two sureties each for a like sum to the satisfaction of the learned Chief Judicial Magistrate, Pudukkottai.
ii) The petitioners shall appear and sign before the learned Chief Judicial Magistrate, Pudukkottai, on the first working day of every English calender month at 10.30 a.m., until further orders. iii) In case, the petitioners are unable to appear before the Court on the first working day of a month, they shall appear on the next working day.
iv) The petitioners shall furnish their residential address and mobile number to the learned Chief Judicial Magistrate Court, Pudukkottai. sd/- 22/05/2025 / TRUE COPY / /05/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
jbr To
1. The Chief Judicial Magistrate Court, Pudukkottai
2. The Deputy Superintendent of Police, Vigilance and Anti Corruption Cell, Pudukkottai.
3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
ORDER
IN IN CRL A(MD) NO. 590 OF 2025 Date :22/05/2025 MK/28.05.2025 4P/4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4