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Madras High CourtCRL A(MD)/31/2018partly allowed

Maheswaran, v. The Inspector Of Police,

2025-05-15Honourable Mr Justice K.K. Ramakrishnan6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Criminal Original Jurisdiction Monday, the Eighteenth day of August Two Thousand and Twenty Five PRESENT THE HONOURABLE MR. JUSTICE K.K. RAMAKRISHNAN Maheswaran ...Appellant/Accused Vs The Inspector of Police, Vigilance and Anti Corruption, Madurai.

...Respondent/Complainant

(Crime No.10/2007) Prayer :- Criminal Appeal has been filed under Section 372 of Criminal Procedure Code, r/w Section 27 of Prevention of Corruption Act, to call for the records relating to the judgment of conviction passed in Spl.Case.No.41 of 2011 by the learned Special Judge for Prevention of Corruption Act Cases, Madurai dated 28.12.2017 and set aside the same.

ORDER:- This Criminal Appeal Petition coming upon for orders on this day and upon perusing the petition and the affidavit filed in support thereof and upon 1/6

hearing the arguments of Mr.K.P.Narayanakumar, Advocate for the Petitioner and of Mr.R.Meenakshi Sundaram, Additional Government Pleader for the respondent, this Court made the following order:

On 15.05.2025, this Court partly allowed this appeal on following condition: (i)the conviction passed against the appellant for the offence under Sections 7 and 13(2) r/w 13(1)(d) of the Prevention of Corruption Act, in Special Case No.41 of 2011, by the learned Special Judge, Special Court for trial of Prevention of Corruption Act cases, Madurai vide judgment dated 28.12.2017 is hereby confirmed. (ii)the sentence of imprisonment to undergo two years imprisonment and a fine of Rs.1,500/-, in default, to undergo 3 months imprisonment for the offence under Section 7 of the Prevention of Corruption Act; and to undergo two years imprisonment and a fine of Rs.1,500/-, in default, to undergo 3 months simple imprisonment for the offence under Section 13(1) (d) r/w 13(2) of the Prevention of Corruption Act is modified into "to undergo one year imprisonment for the offence under 2/6

Section 7 of the Prevention of Corruption Act; and to undergo one year imprisonment for the offence under Section 13(1)(d) r/w 13(2) of the Prevention of Corruption Act and the said sentences are to run concurrently and the judgment relating to the fine amount is hereby confirmed" and the said sentences are to run concurrently and the judgment relating to the fine amount is hereby confirmed". (iii) The period if already undergone by the appellant is ordered to be set off under Section 428 of Cr.P.C.

(iv)The Bail bond executed by the appellant herein is hereby cancelled and the Court below is hereby directed to take steps to secure the appellant to undergo the remaining period of sentence of imprisonment.

25.List this case on 27.06.2025 under the caption for "reporting compliance".

On 27.06.2025, this case was listed under the caption for "reporting compliance" the same was adjourned to 04.07.2025. On 04.07.2025, when the matter was taken up for hearing, the learned Additional Public Prosecutor sought time to execute NBW. Therefore, this case was adjourned to 28.07.2025. Thereafter, again 3/6

this case was listed on 28.07.2025, the learned Additional Public Prosecutor sought further three weeks time to secure the accused. Hence, this case was finally adjourned to 18.08.2025.

Today (18.08.2025), when the matter was taken up for hearing, the learned counsel appearing for the appellant produced the order copy of the Hon'ble Supreme Court, in S.L.P.(Criminal).Diary No.34138 of 2025, vide order dated 11.08.2025, which reads as follows:

I.A.No.183814 of 2025 has been filed seeking exemption from surrendering.

Exemption from surrendering is granted to the petitioner till the first date of listing before the Regular Court. By recording the same, this case stands closed. Sd/- Assistant Registrar ( C.S. III ) // True Copy // / /2025 Sub Assistant Registrar ( CS - I / II / III / IV ) 4/6

TO 1.The Judge, The Special Court for Trial of Cases under Prevention of Corruption Act, Madurai.

2.The Inspector of Police, Vigilance and Anti Corruption, Madurai.

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

4.The Section Officer, Record Section (Criminal), Madurai Bench of Madras High Court, Madurai.

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ORDER DATED : 18/08/2025 ==========================

ORDER

========================== Giving direction and etc.

as stated within.

SB/08.09.2025/6P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6