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Madras High CourtCRL MP(MD)/7473/2020allowed

Periyannan v. The Inspector Of Police

2020-12-22Honourable Mr Justice G.R.Swaminathan2 pages

CRL MP(MD) No.7473 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Twenty Second day of December Two Thousand and Twenty PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL MP(MD) No.7473 of 2020 IN CRL A(MD) No.38 of 2019 PERIYANNAN ... PETITIONER/PETITIONER/ APPELLANT Vs THE STATE REP.BY THE INSPECTOR OF POLICE, VIGILANCE AND ANTI CORRUPTION DEPARTMENT, NAGERCOIL.

CRIME NO.7 OF 2006 ... RESPONDENT/RESPONDENT/ RESPONDENT PRAYER IN CRL MP(MD)No.7473 of 2020 in CRL A(MD) No.38 of 2019: Petition filed praying that in the circumstances stated therein and in the petition filed therewith the High Court may be pleased to Relax the condition imposed in CRL MP(MD) No.1193/2019 in Crl A (MD) No. 38/2019.

PRAYER IN CRL MP(MD)No.1193 of 2019 in CRL A(MD) No.38 of 2019: Petition praying that in the circumstances stated therein and in the petition filed therewith the High Court will be pleased to pass an order suspension of sentence imposed on the petitioner by the Honourable Special Judge cum Chief Judicial Magistrate, Nagercoil dated 29.01.2019 made in Special Court C.C.No.4 of 2007 and enlarge the petition on Bail pending disposal of the above appeal. PRAYER IN CRL A(MD)No.38 of 2019:

Pleased to set aside the judgment of conviction dated 29.01.2019 made in Spl.C.C.No.4 of 2007 on the file of the Learned Special Judge cum Chief Judicial Magistrate, Nagercoil, and sentencing him to undergo 3 years Regiorous Imprisonment for the alleged offences under Secs. 7 of prevention of corruption Act 1988, fine of Rs.10,000/- on default 6 months imprisonment and for offences under Secs.13(2) read with Sec.13(1)(d) of the prevention of corruption Act 1988 3 years Rigorous Imprisonment and fine of Rs.10000/- on default 6 months imprisonment further the sentence imposed shall run concurrently and allow this appeal. https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL MP(MD) No.7473 of 2020 Order : This petition coming up for orders on this day, upon perusing the petition filed in support thereof and upon hearing the arguments of Mr.F.DEEPAK, Advocate for the petitioner and of Mr.A.ROBINSON, Government Advocate (Criminal Side) on behalf of the Respondent, the court made the following order:- The petitioner is the appellant in Crl.A.(MD)No.38 of 2019. It is an appeal arising out of conviction and sentence. The petitioner's sentence has been suspended by this Court. However, the petitioner has been ordered to appear once in a month before the trial Court. The petitioner's counsel citing the age of the petitioner seeks modification of the said condition. 2.The petitioner is not likely to run away. Therefore, the condition is modified and the petitioner is directed to appear before the Court below once in three months. This miscellaneous petition is allowed.

sd/- 22/12/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

NOTE. In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

TO 1.THE CHIEF JUDICIAL MAGISTRATE CUM SPECIAL JUDGE, VIGILANCE AND ANTICORRUPTION, NAGARCOIL. 2.THE INSPECTOR OF POLICE, VIGILANCE AND ANTI CORRUPTION DEPARTMENT, NAGERCOIL. 3.THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. C.C. to M/S.F.DEEPAK Advocate SR.No.8548 ORDER IN CRL MP(MD) No.7473 of 2020 IN CRL A(MD) No.38 of 2019 Date :22/12/2020 RMI TK/SMA/SAR.2/30.12.2020/2P/5C https://hcservices.ecourts.gov.in/hcservices/ 2/2