Crl.M.P. allowing suspension of sentence and bail for a petitioner convicted under the Prevention of Corruption Act, convicted and sentenced in Spl.CC.No.12 of 2012, recognizing arguable points in the accompanying appeal.
Petitioner enlarged on bail on execution of bond of Rs. 1,00,000 with two sureties for a like sum.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 21.09.2023
CORAM :
THE HONOURABLE Dr. JUSTICE G.JAYACHANDRAN
Crl.M.P.No.15108 of 2023 in Crl.A.No.1031 of 2023
V.Malliga
.. Petitioner
Vs.
State by Inspector of Police, Special Investigation Branch, Vigilance and Anti-Corruption Department, Chennai. ..Respondent
PRAYER : Criminal Miscellaneous Petition has been filed under section 389(1) of Criminal Procedure Code to suspend the sentence imposed on the Petitioner/Appellant in Spl.CC.No.12 of 2012 dated 24.08.2023 passed by the learned Chief Judicial Magistrate/Special Judge, Tiruvallur and release the petitioner on bail pending disposal of the above appeal.
For Petitioner : Mr.R.Rajarathinam, Senior Counsel, For Respondent : Mr.S.Udaya Kumar Government Advocate (Crl.Side)
ORDER
The petitioner herein held guilty of offence under Sections 7 and 13(2) r/w.13(1)(d) of Prevention of Corruption Act, 1988 and sentenced to undergo 3 years Rigorous Imprisonment, in default, 3 months Simple Imprisonment and to pay a fine of Rs.20,000/- for each of the offences.
3. The learned counsel appearing for the petitioner/appellant submits that the defacto complainant's evidence not supported by PW7. The recovery of tainted money from the table drawer of the accused is highly doubtful.
4. Since there are arguable points in the grounds of Appeal, the petition for suspension of sentence is ordered and the petitioner is directed to be enlarged on bail on condition that the petitioner 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 Chief https://www.mhc.tn.gov.in/judis 2/4
Judicial Magistrate/Special Judge, Tiruvallur and on further condition that the petitioner shall appear before the trial Court on first working day
of every English Calendar Month at 10.30 a.m. until further orders.
21.09.2023
2/2
pal/Vv
To
Dr.G.JAYACHANDRAN,J.
3/4
pal/Vv
Crl.M.P.No.15108 of 2023 in Crl.A.No.1031 of 2023
21.09.2023
2 issues framed by the court
Whether the petitioner should be released on bail pending disposal of the appeal against conviction and sentence.
Whether there are arguable grounds in the appeal to warrant suspension of sentence.
2 provisions across 2 enactments
V.Malliga
State by Inspector of Police, Special Investigation Branch, Vigilance and Anti-Corruption Department, Chennai
Dr. JAYACHANDRAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
