T. Thivengada Narayana, v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Twenty Ninth day of April Two Thousand Nineteen PRESENT The Hon`ble Mr.Justice M.DHANDAPANI CRL MP(MD) No.9688 of 2018 IN CRL A(MD) No.522 of 2018 T. THIRUVENGADA NARAYANA ... PETITIONER/APPELLANT/ (SINGLE) Vs STATE REPRESENTED BY THE INSPECTOR OF POLICE, VIGILANCE AND ANTI CORRUPTION WING, TUTICORIN, TUTICORIN DISTRICT.

Crime.No.10 of 2015 ... RESPONDENT/ 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 execution of sentence by granting bail in Spl.CC.No.7 of 2007 dated 25.10.2018 on the file of the Special Court for Prevention of Corruption Act cum Chief Judicial Magistrate, Tuticorin District till the disposal of the Criminal Appeal. Order : This petition coming on for orders upon perusing the petition filed in support thereof and upon hearing the arguments of Mr.C.K.NAGAPPAN, Advocate for the petitioner and of Mr.K.K.RAMAKRISHNAN, Additional Public Prosecutor, on behalf of the Respondent, the court made the following order:- The petitioner was convicted for the offences under Section 7, 13 (2), r/w 13 (1) (d) of Prevention of Corruption Act, 1988 by judgment dated 25.10.2018 by the learned Chief Judicial Magistrate, Tuticorin, Tuticorin District in C.C.No.7 of 2007.

2. The petitioner is sentenced to undergo 2 years rigorous imprisonment and pay a fine of Rs.2,000/- in default to undergo the three months simple imprisonment for the offence under Section 7 of the Prevention of Corruption Act, 1988 and further he is sentenced to undergo 2 years rigorous imprisonment and pay a fine of Rs.2,000/- in default to undergo three months simple imprisonment for the offence under Sections 13 (2), r/w 13 (1) (d) of Prevention of Corruption Act, 1988. The Sentence of imprisonment should run concurrently awarded to the sole appellant.

3. The learned counsel appearing for the petitioner would submit that after the conviction of the Court below, the petitioner has surrender before the Court below and remanded to prision on 15.04.2019.

3.The learned Additional Public Prosecutor for respondent did not dispute the above fact made by the learned counsel for the petitioner.

4.Having regard to the fact that there are arguable points involved in the appeal and further, the appeal is not likely to be taken up for final hearing in the near future and also considering the period of incarceration, I am of the considered opinion that the petitioner is entitled for the relief of suspension of sentence.

5. Accordingly, the substantive sentence of imprisonment alone is suspended and the petitioner is directed to be enlarged on bail, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only), with two sureties each for a like sum to the satisfaction of the learned Chief Judicial Magistrate, Tuticorin, Tuticorin District and on further condition that the petitioner shall appear before the said Court at 10.30 a.m. on the first working day of every English Calendar month, pending disposal of the appeal.

sd/- 29/04/2019 / TRUE COPY / Sub-Assistant Registrar (C.S-II) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE SPECIAL COURT FOR PREVENTION OF CORRUPTION ACT CUM CHIEF JUDICIAL MAGISTRATE, TUTICORIN.

2.THE CHIEF JUDICIAL MAGISTRATE, TUTICORIN, TUTICORIN DISTRICT.

3.THE INSPECTOR OF POLICE, VIGILANCE AND ANTI CORRUPTION WING, TUTICORIN, TUTICORIN DISTRICT.

4.THE SUPERINTENDENT, CENTRAL PRISON, PALAYAMKOTTAI.

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

+3. C.C. to Mr.C.K.NAGAPPAN Advocate SR.No.7766 ORDER IN CRL MP(MD) No.9688 of 2018 IN CRL A(MD) No.522 of 2018 Date :29/04/2019 TK/PN/SAR-2/29.04.2019/3P/9C