Allowed

K.E.Sampath v. State Rep by

Madras HC15 Sept 2023CRL MP/14724/2023

Case brief

AI extract

What is this about?

The High Court allowed criminal miscellaneous petitions under Section 389(1) CrPC to suspend the execution of sentences imposed on two accused convicted of offences under the Prevention of Corruption Act and Indian Penal Code pending the disposal of their appeals, and enlarged them on bail.

What did the court decide?

Sentence suspended pending disposal of appeal; petitioners enlarged on bail with bond of Rs.1,00,000/- and two sureties.

K.E.Sampath Vs State Rep by — Corruption | Madras HC (2023)

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Crl.MP. Nos.14724 & 14727 of 2023

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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Dated : 15.09.2023

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CORAM :

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THE HONOURABLE Dr. JUSTICE G.JAYACHANDRAN Crl.M.P.Nos.14724 & 14727 of 2023

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and Crl.A. Nos.1008 & 1009 of 2023

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K.E.Sampath

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.. Petitioner/A2 in Crl.M.P. No.14724 of 2023

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J.Loganathan

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.. Petitioner/A1 in Crl.M.P. No.14727 of 2023 Vs.

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State represented by: Deputy Superintendent of Police, Vigilance and Anti Corruption, Chennai.

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..Respondent in both Crl.MPs.

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COMMON PRAYER : Criminal Miscellaneous Petitions have been filed under section 389(1) of Criminal Procedure Code to suspend the execution of sentence of imprisonment imposed on them by the learned Special Judge for Vigilance and Anti Corruption (Chief Judicial Magistrate), Chengalpattu made in Special Case No.18 of 2012 dated 31.08.2023 till the disposal of the appeal and enlarge the petitioners/accused on bail pending criminal appeal.

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For Petitioners : Mr.R.Vijayakumar for Mr.S.Ashok Kumar in Crl.MP. No.1008 of 2023 Mr.R.Vijayakumar in Crl.Mp. No.1009 of 2023

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For Respondent : Mr.S.Udaya Kumar, Government Advocate (Crl.Side)

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https://www.mhc.tn.gov.in/judis 1/4

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Crl.MP. Nos.14724 & 14727 of 2023

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COMMON ORDER

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The petitioners/A1 & A2 herein were found guilty by the learned

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Special Judge cum Chief Judicial Magistrate, Chengalpattu for A1 offences under Sections 7(1) and 13(2) r/w 13(1) (d) of the Prevention of Corruption Act, 1988 and for A2 offences under Sections 13(2) r/w 13(1)(d) of the Prevention of Corruption Act, 1988 and 109 IPC.

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2. They have been convicted and sentenced vide impugned

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judgment dated 31.08.2023, as below:-

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*Rank of the* *accused*	*Conviction under* *section*		*Senten*	*ce Awarded*
A1	7(1) of the Prevention of Corruption Act, 1988	To imp of und Im	undergo risonment Rs.10,000 ergo 6 prisonment	One year Simple and to pay a fine /- in default to months Simple .
A1	13(2) r/w 13(1) (d) of the Prevention of Corruption Act, 1988	To imp of und Imp	undergo risonment Rs.10,000 ergo 6 risonment	One year Simple and to pay a fine /- in default to months Simple .
A2	13(2) r/w 13(1) (d) of the Prevention of Corruption Act, 1988 & 109 IPC	To imp of und Imp	undergo risonment Rs.10,000 ergo 6 risonment	One year Simple and to pay a fine /- in default to months Simple .
The Trial	Court ordered	the	period o	f sentences to run

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https://www.mhc.tn.gov.in/judis

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2/4

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Crl.MP. Nos.14724 & 14727 of 2023

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concurrently. Total fine amount of Rs.20,000/- for A1 and Rs.10,000/-

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for A2 has already been paid by the petitioners.

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3. Considering the grounds of appeals which require detail examination, the sentence suspended till the disposal of the appeals and the petitioners are directed to be enlarged on bail on condition that the petitioners shall execute a bond for a sum of Rs.1,00,000/- [Rupees One lakh only] with two sureties each for a like sum to the satisfaction of the learned Special Judge cum Chief Judicial Magistrate, Chengalpattu and on further condition that the petitioners shall appear before the trial Court on the first working day of every English Calendar Month at 10.30

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a.m. until further orders.

15.09.2023

rkp

The Special Judge cum Chief Judicial Magistrate, Chengalpattu.

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2.Deputy Superintendent of Police, Vigilance and Anti Corruption, Chennai.

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The Public Prosecutor, High Court of Madras, Chennai.

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https://www.mhc.tn.gov.in/judis

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3/4

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Crl.MP. Nos.14724 & 14727 of 2023

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Dr.G.JAYACHANDRAN,J.

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rkp

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Crl.M.P.Nos.14724 & 14727 of 2023 and Crl.A. Nos.1008 & 1009 of 2023

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(2/2)

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15.09.2023

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https://www.mhc.tn.gov.in/judis 4/4

K.E.Sampath v. State Rep by

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K.E.Sampath v. State Rep by

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