S.Ravi v. The State Of Tamil Nadu,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.06.2025

CORAM

THE HONOURABLE MS JUSTICE R.N.MANJULA in CRL A(MD) NO. 656 of 2025 S.Ravi Appellant(s) Vs The State of Tamilnadu Represented by its Deputy Superintendent of Police, Vigilance and Anticorruption Department, Pudukottai (Crime No.1 of 2012) Respondent(s) PRAYER : This Criminal Miscellaneous Petition is filed under Section 430 of BNSS, to suspend the sentence passed on 14.05.2025 by the learned Chief Judicial Magistrate, Pudukottai in Spl.C.C.No.6 of 2013, pending disposal of the above Criminal Appeal.

For Appellant:

Mr.K.S.Muthu For Respondent:

Mr.R.Meenakshi Sundaram Additional Public Prosecutor 1/4

ORDER

The Criminal Miscellaneous Petition is filed to suspend the sentence imposed against the petitioner in Spl.C.C.No.6 of 2013, dated 14.05.2025, passed by the learned Chief Judicial Magistrate, Pudukottai, till the disposal of the appeal. 2.The petitioner is the sole accused in Spl.C.C.No.6 of 2013 on the file of the Chief Judicial Magistrate, Pudukottai. He has been found guilty and convicted for the following offences:- Section Punishment Fine (Rs.) Default class 7 of Prevention of Corruption Act 1year simple imprisonment 3,000 1 month simple imprisonment 13(2) r/w 13(1)(b) of Prevention of Corruption Act 2 years simple imprisonment 5,0000 1 month simple imprisonment As against the conviction, the petitioner filed an appeal along with the petition to suspend the sentence.

3.The learned counsel for the petitioner submitted that the prosecution has not obtained proper sanction and from the statement of witnesses and from the available documents, the charge against the accused cannot be proved. It is further submitted that the money was found in the lunch bag of the petitioner has been stuffed by P.W2 due to previous motive.

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4.On perusal of judgment, that the phenolphthalein test done on the accused was found positive. However, the other submission that the money was pushed into the bag of the appellant has not been dealt in detail. On the ground the appeal has been admitted for hearing.

5.However, there is no possibility for taking up the appeal in the near future, hence, I feel the sentence alone can be suspended. 6.Hence, the substantive sentence of imprisonment alone is suspended pending disposal of the appeal on the following conditions: i. that 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 Chief Judicial Magistrate, Pudukottai. ii. that the petitioner shall appear before the said Court on every first working day of the month, at 10.30 a.m. till the disposal of appeal.

7. Accordingly, this Criminal Miscellaneous Petition is allowed. sd/- 19/06/2025 / TRUE COPY / /06/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

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To 1.The Chief Judicial Magistrate, Pudukottai.

2.The Deputy Superintendent of Police, Vigilance and Anticorruption Department, Pudukottai.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

ORDER

IN CRL MP(MD) No.7323 of 2025 Date :19/06/2025 MK/30.06.2025 4P/4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4