S.Balamurugan v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Eighteenth day of September Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice G.ILANGOVAN in CRL.A.(MD)No.762 of 2024 S.BALAMURUGAN ... APPELLANT/ACCUSED Vs THE STATE OF TAMIL NADU REP BY THE SUPERINTENDENT OF POLICE, VIGILANCE AND ANTI CORRUPTION, THENI CRIME NO. 01/2012 ... RESPONDENT Criminal Miscellaneous Petition filed praying that in the circumstances stated therein and in the petition filed therewith the High Court may be pleased to suspend the sentence and conviction imposed by the court of Special Judge for Prevention and Anti Corruption Chief Judicial Magistrate, Theni, dt. 22.08.2024 made in Spl Case No. 18/2024 and enlarge the petitioner on bail.

Prayer in CRL.A.(MD)No.762 of 2024:

To call for the records and set aside the judgment dated 22.08.2024 made in Spl.case No.18/2024 on the file of Special Judge for Prevention and Anti CorruptionChief Judicial Magistrate, Theni and allow the above Criminal Appeal. Order : This petition coming up for orders on this day, upon perusing the petition filed in support thereof and upon hearing the arguments of 1/4

MR.S.RAMSUNDARVIJAYRAJ, Advocate for the petitioner and of MR.R.MEENAKSHI SUNDARAM, Additional Public Prosecutor on behalf of the Respondent, while admitting the Criminal Appeal, the court made the following order:- This Criminal Miscellaneous Petition is filed to suspend the sentence imposed by the learned Special Judge for Prevention and Anti Corruption Chief Judicial Magistrate, Theni, dated 22.08.2024, made in Spl.Case No.18 of 2024 and enlarge the petitioner on bail, pending disposal of the above said Criminal Appeal. 2.The learned counsel for the petitioner submitted that the petitioner has been convicted by the learned trial judge, for the alleged offence under Section 7 of Prevention of Corruption Act, 1988 and sentenced him to undergo two years rigorous imprisonment and to pay a fine of Rs.

1,000/- in default to undergo 2 months simple imprisonment and also convicted for the offences punishable under Section 13(1)(d) read with Section 13(2) of Prevention of Corruption Act and sentenced him to undergo two years rigorous imprisonment and to pay a fine of Rs.1,000/- in default to undergo 2 months simple imprisonment. The sentences were ordered to run concurrently. Set off under Section 428 Cr.P.C. is also ordered.

3. It is submitted by the learned counsel for the petitioner that the sentence was already suspended by the trial Court from 22.08.2024 till 20.09.2024, by order dated 2/4

22.08.2024.

4. Having regard to the fact that there are arguable points involved in the appeal and further, the appeal is not likely to be taken up for final hearing in the near future and also considering the fact the petitioner are already enlarged on bail by the trial Court, the suspension of sentence petition is allowed and the substantive sentence of imprisonment alone is suspended pending disposal of the appeal and the petitioner is directed to be enlarged on bail on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties each for a like sum to the satisfaction of the learned Special Judge for Prevention and Anti Corruption / Chief Judicial Magistrate, Theni, and on further condition that the petitioner shall appear before the said Court once in a week at 10.30 a.m. pending appeal.

sd/- 18/09/2024 / TRUE COPY / 18/09/2024 Sub-Assistant Registrar ( ) Madurai Bench of Madras High Court, Madurai - 625 023.

pnn 3/4

TO 1.THE SPECIAL JUDGE FOR PREVENTION AND ANTI CORRUPTION / CHIEF JUDICIAL MAGISTRATE, THENI,

2. THE SUPERINTENDENT OF POLICE, VIGILANCE AND ANTI CORRUPTION, THENI 3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN in CRL.A.(MD)No.762 of 2024 Date :18/09/2024 RK (18/09/2024) 4P /4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4