S.Bourdeen v. The State Of Tamilnadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17-06-2025
CORAM
THE HONOURABLE MS JUSTICE R.N.MANJULA in CRL A(MD) NO. 655 of 2025 S.Bourdeen S/o.Sikkandar Batcha, No.1/4, Marunuthu, Dindigul District.
... Petitioner / Appellant Vs The State of Tamilnadu Rep by The Inspector of Police, Vigilance and Anti Corruption Wing, Dindigul District. Crime No.4/2007.
...Respondent
PRAYER : This Criminal Miscellaneous Petition is filed under Section 430(1) of BNSS to suspend the sentence and grant Bail to the appellant / Sole Accused against the judgment dated 26.05.2025, Special C.C.No.2 of 2014 on the file of the Special Judge for trial of cases under the Prevention of Corruption Act, Dindigul in Crime No.4 of 2007 on the file of the respondent pending disposal of the instant Criminal Appeal.
1/5
For Appellant :
Mr.I.Pinaygash For Respondent:
Mr.R.Meenakshi Sundaram Additional Public Prosecutor
ORDER
The Criminal Miscellaneous Petition is filed to suspend the sentence imposed by the learned Special Judge for trial of cases under the Prevention of Corruption Act, Dindigul in C.C.No.2 of 2014 dated 26.05.2025 till the disposal of appeal. 2.The learned counsel for the petitioner submitted that the petitioner has been convicted by the learned Special Judge for trial of cases under the Prevention of Corruption Act, Dindigul, for the alleged offences under Sections 13(2) read with 13 (1)(d) and 7 of Prevention of Corruption Act, 1978 and sentenced as follows ; i) to undergo two years simple imprisonment for a period of 2 years and to pay a fine of Rs.5,000/- (Rupees Five Thousand only), in default to undergo simple imprisonment for a further period of three months, for the offence under Section 7 of Prevention of Corruption Act.
ii) to undergo two years simple imprisonment for a period of 2 years and to pay a fine of Rs.5,000/- (Rupees Five Thousand only), in default to undergo simple imprisonment for a further period of three months, for the offence under Sections13
(2) read with 13(1)(d) of Prevention of Corruption Act. 2/5
3. Learned counsel for the petitioner submitted that the petitioner himself has stated in his evidence that he had given his application only after attaching the essential documents like Patta, Chitta and Adangal and hence there is no necessity for P.W.2 to give any illegal gratification for the accused who is a Village Administrative Officer for granting Patta, Chitta and Adangal. The evidence of the witnesses also would state the above aspect in their evidence. 4.The hearing of the appeal can not be taken immediately. Considering the time delay involved in the matter and also the fact that the petitioner is willing to furnish sureties, I feel the sentence imposed against the accused alone can be suspended on conditions.
5. 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 Special Judge for trial of cases under the Prevention of Corruption Act, Dindigul.
ii. that the petitioner shall appear before the said Court on the first working day of every month, at 10.30 a.m. till the disposal of appeal. 3/5
6. Accordingly, this Criminal Miscellaneous Petition is allowed. sd/- 17/06/2025 / TRUE COPY / /06/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
pnn To
1. The Special Judge for trial of cases under the Prevention of Corruption Act, Dindigul.
2.The Inspector of Police, Vigilance and Anti Corruption Wing, Dindigul District.
3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
+1. C.C. to Mr.I.PINAYGASH Advocate SR.No.35113 Dated :18/06/2025 4/5
ORDER
IN in CRL A(MD) NO. 655 of 2025 Date :17/06/2025 MK/20.06.2025 5P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5