The Public Prosecutor v. R.G.Ravikrishnan
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Criminal Original Jurisdiction Friday, the Twenty First day of February Two Thousand Twenty PRESENT The Hon`ble Mr Justice B.PUGALENDHI CRL A(MD). No.230 of 2014 State Represented by The Public Prosecutor High Court, Madras - 104.
(Cr.No.18/2002 of Trichy V & Ac) ...Appellant/Complainant Vs 1 R.G.Ravikrishnan 2 R.Jayaraj 3 S.Ramiah ... Respondents/Accused 1 to 3 Prayer :- Criminal Appeal filed Under Section 378 of the Code of Criminal Procedure, to allow this appeal and set aside the acquital judgement dated 04.12.2013 in Special Case No.48 of 2011 on the file of the Special Court for Trial of cases under the Prevention of Corruption Act, Tiruchirappalli and convict the respondents/ accused 1 to 3.
ORDER:- This Criminal Appeal coming up for orders on this day and upon hearing the arguments of Mr.K.K.Ramakrishnan, Advocate for the Petitioner and of Mr.Ar.L.Sundaresan, Senior Counsel For M/s AL.Ganthimathi For R1, Mr.N.Vijayarajan For Mr.M.Saravanan, Advocate For R2, Mr.T.Senthil Kumar, Advocate For R3, this Court made the following order:
As directed by this Court, the respondent Nos.1 and 2 / accused Nos.1 and 2, have appeared before this Court today. 2.The accused officer Ravikrishanan, who is aged about 75 years, appeared before this Court and claimed that he is a heart patient and also produced some medical files. When the accused officer was questioned about the sentence to be imposed on him, he pleaded a minimum sentence be imposed.
3.Considering the nature of offence and the plight of the respondent No.1/accused No.1, this Court imposes the sentence as follows:
4.The respondent No.1 is sentenced to undergo (i) one year rigorous imprisonment and to pay a fine of Rs.5,000/-(Rupees five thousand) and in default of payment of fine amount, to undergo simple imprisonment for a period of two months
for the offence under Section 7 of the Prevention of Corruption Act and (ii) one year rigorous imprisonment and to pay a fine of Rs.5,000/-(Rupees five thousand) and in default of payment of fine amount, to undergo simple imprisonment for a period of two months for the offence under Section 13(2) r/w 13(1)(d) of the Prevention of Corruption Act. The sentences are ordered to run concurrently and the period of imprisonment already undergone, if any, shall be set off under Section 428 Cr.P.C. 5.However, the accused officer Ravikrishnan, pleaded that some time may be granted for surrendering himself before the Court, since, he has to make necessary arrangements for his family's survival. Accepting the request, this Court grants two months of time for surrendering before the trial Court. 6.When the accused officer Jayaraj was questioned about the sentence to be imposed on him, he pleaded that he simply accompanied the respondent No.1, he was not assigned with any responsibility and he is suffering from the old age ailments.
7.The respondent No.2 is sentenced to undergo (i) one year rigorous imprisonment and to pay a fine of Rs.5,000/-(Rupees five thousand) and in default of payment of fine amount, to undergo simple imprisonment for a period of two months for the offence under Section 7 of the Prevention of Corruption Act and (ii) one year rigorous imprisonment and to pay a fine of Rs.5,000/-(Rupees five thousand) and in default of payment of fine amount, to undergo simple imprisonment for a period of two months for the offence under Section 13(2) r/w 13(1)(d) of the Prevention of Corruption Act. The sentences are ordered to run concurrently and the period of imprisonment already undergone, if any, shall be set off under Section 428 Cr.P.C.
8.However, the respondent No.2 submitted that since he has proposed to file an appeal before the Hon'ble Supreme Court, some time may be granted for surrendering before the Court. 9.Taking into account the submission made by the respondent No.2, this Court grants four weeks time to the respondent No.2/ accused No.2 to surrender before the trial Court. Sd/- Assistant Registrar // True Copy // / /2020 Sub Assistant Registrar(CS)
dsk TO
1. The Special Judge, for Trial of cases under the prevention of Corruption Act, Tiruchirappalli
2. The Inspector of Police, Vigilance and Anticorruption Wing, Tiruchirappalli 3.The Public Prosecutor High Court, Madras
4. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai Copy to:
The Section Officer, Criminal Section, Madurai Bench of Madras High Court, Madurai ORDER DATED : 21/02/2020 ==========================
ORDER
========================== CRL A(MD). No.230 of 2014 Giving direction and etc.
as stated within.
KK/16.03.2020/ 3P- 6C