Chinnadurai v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Twenty Second day of December Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice P. VADAMALAI in CRL.A.(MD)No.1124 of 2023 CHINNADURAI ... PETITIONER/APPELLANT/ACCUSED NO.2 Vs THE INSPECTOR OF POLICE VIGILANCE AND ANTI CORRUPTION WING, TRICHY DISTRICT.

CRIME NO.13/2007.

... RESPONDENT/RESPONDENT/COMPLAINANT 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 imposed by the learned Special Judge for Trial of Cases under The Prevention of Corruption Act, Tiruchirappalli District in Spl Case No.82/2011 vide his judgment dt.29.11.2023 pending the disposal of the main Crl A. PRAYER IN CRL.A.(MD)No.1124 of 2023:

To call for the entire records pertaining to the judgment rendered by the Special Judge for Trial of Cases Under the Prevention of Corruption Act, Tiruchirappalli District in Spl. Case No.82 of 2011 vide his judgment dated 29.11.2023 and set aside the same and consequently acquit the appellant. Order : This Criminal Miscellaneous petition coming up for orders on this day, upon perusing the petition filed in support thereof and upon hearing the arguments of M/S.DHILIPAN PANDIAN.R.L., Advocate for the petitioner and of MR.B.NAMBI 1/6

SELVAN, 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 Court for Trial of Cases Under the Prevention of Corruption Act, Tiruchirappalli District, in Spl.C.C.No.82 of 2011 dated 29.11.2023 and enlarge the petitioner on bail till the disposal of this Criminal Appeal.

2. The case of the prosecution is that the defacto complainant went to the petitioner's office for obtaining certificate, at that time, the petitioner demanded a sum of Rs.1,000/- (Rupees one Thousand only) as bribe. Thereafter, defacto complainant gave a complaint against the petitioner and the case was registered against the petitioner by the respondent police in Crime No.13 of 2007. After completion of investigation formalities, final report was filed before the concerned Court for the offences under Sections 7, 12 and 13(2) r/w 13 (1)(d) of the Prevention of Corruption Act, 1988 and the final report was taken on file in Spl.C.C.No.82 of 2011.

3. Before the trial Court, on the side of the prosecution, 15 witnesses have been examined as P.W.1 to P.W.15 and 26 documents were marked as Ex.P1 to Ex.P26. 2/6

Three materials objects were marked as M.O.1 to M.O.3. On the side of the accused no witnesses was examined and two documents are marked as Ex.D1 and Ex.D2.

4. The learned Special Judge for Trial of Cases Under the Prevention of Corruption Act, Tiruchirappalli District, upon considering the evidence both oral and documentary and on hearing the arguments on both the sides, has passed the impugned judgment dated 29.11.2023 by convicting the petitioner as follows : S.No.

Offence Sentence Fine In default sentence 1.

12 r/w 7 of the 3 years rigorous Rs.10,000/- months Prevention of Corruption imprisonment simple Act, 1988 imprisonment Challenging the above said conviction and sentence, the petitioner has preferred the present Criminal Appeal along with the above Miscellaneous Petition seeking suspension of sentence.

5. The learned counsel for the petitioner would submit that there are several infirmities in the prosecution case and further there are contradictions in material particulars between the evidence of the prosecution witnesses. He further submitted 3/6

that the trial Court suspended the sentence till 29.12.2023.

6. The learned Additional Public Prosecutor appearing for the respondent would submit that there are enough materials available on record against the petitioner and hence, he strongly opposed to grant suspension of sentence.

7. This Court has carefully considered the rival contentions put forward by either side and also perused the materials available on record.

8. The learned counsel for the petitioner pointed out that certain infirmities and inconsistencies in this case and also certain contradictions in material particulars. The fact remains that there are arguable points involved in this criminal appeal and further the criminal appeal is not likely to be taken up for final hearing in the near future and as such, this Court is of the considered view that the petitioner herein is entitled to the relief of grant of suspension of sentence.

9. Accordingly, this petition is allowed and the substantive sentence of imprisonment alone is suspended pending disposal of the appeal with the following directions:- 4/6

(i) The petitioner is directed to be enlarged on bail on condition that the petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties within a period of 10 days from the date of receipt of a copy of this order, each for a like sum to the satisfaction of the learned Special Court for Trial of Cases Under the Prevention of Corruption Act, Tiruchirappalli District.

(ii) The sureties shall affix their photographs and Left Thumb Impression in the surety bond and the trial Court may obtain a copy of their Aadhar card or Bank Pass Book to ensure their identity; and (iii) The petitioner shall appear before the trial Court once in a month i.e., on the first working day of every English calendar month at 10.30 a.m., until further orders. sd/- 22/12/2023 / TRUE COPY / /01/2024 Sub-Assistant Registrar (C.S. -I,II,III,IV) Madurai Bench of Madras High Court, Madurai - 625 023.

tta TO 1.THE JUDGE, SPECIAL COURT FOR TRIAL OF CASES UNDER THE PREVENTION OF CORRUPTION ACT, TIRUCHIRAPPALLI DISTRICT.

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2.THE INSPECTOR OF POLICE VIGILANCE AND ANTI CORRUPTION WING, TRICHY DISTRICT. 3 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.

(CALL FOR RECORDS FROM CONCERN COURT) +1. C.C. to M/S.DHILIPAN PANDIAN.R.L. Advocate SR.No.18258 ORDER IN in CRL.A.(MD)No.1124 of 2023 Date :22/12/2023 RK/VR (03/01/2024) 6P / 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6