Allowed

P. Mahendran v. State of Tamilnadu Rep.by

Madras HC8 Nov 2023CRL MP/17758/2023

Case brief

AI extract

What is this about?

Single-judge order granting suspension of sentence on bail for an appellant convicted under the Prevention of Corruption Act, pending disposal of his criminal appeal, subject to bond and monthly attendance conditions.

What did the court decide?

Suspension of the sentence of rigorous imprisonment granted subject to execution of bond with sureties and monthly appearance before the trial court.

P. Mahendran Vs State of Tamilnadu Rep.by — Corruption | Madras HC (2023)

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Crl.M.P.No.17758 of 2023

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 08.11.2023

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CORAM

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THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA

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Crl.M.P.No.17758 of 2023 in Crl.A.No.1264 of 2023

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P.Mahendran

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... Petitioner/Appellant

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Vs.

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State of Tamil Nadu represented by, The Deputy Superintendent of Police, Vigilance and Anti-Corruption, Erode.

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Crime No.02/AC/2006/ER

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... Respondent

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PRAYER: Criminal Miscellaneous Petition filed under Section 389(1) of Cr.P.C., pleased to suspend the sentence passed in Spl.C.C.No.03 of 2015 dated 16.10.2023 on the file of the learned Chief Judicial Magistrate/Special Judge (Under Prevention of Corruption Act), Erode and enlarge the petitioner on bail, pending disposal of the Criminal Appeal.

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For Petitioner : Mr.P.Narayana Prasadh For Respondent : Mr.C.E.Pratap Government Advocate (Crl.Side)

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

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O R D E R

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Crl.M.P.No.17758 of 2023

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This Criminal Miscellaneous Petition has been filed by the

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petitioner/appellant, seeking suspension of sentence, imposed by the learned Chief Judicial Magistrate/Special Judge (Under Prevention of Corruption Act), Erode, vide judgment in Spl.C.C.No.03 of 2015 dated 16.10.2023.

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The conviction and sentence imposed against the

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petitioner/appellant is as follows:-

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*Under Section*	*Sentence*
12 r/w 7 of Prevention of Corruption Act, 1988	two years of rigorous imprisonment and a fine of Rs.1,000/-, in default, to undergo one month simple imprisonment.
13(2) r/w 13(1)(d) of Prevention of Corruption Act, 1988	two years of rigorous imprisonment and a fine of Rs.1,000/-, in default, to undergo one month simple imprisonment.

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According to the learned counsel for the petitioner/appellant, there are arguable points available in the Criminal Appeal, which is not likely to be taken for final hearing in the near future and the petitioner/appellant has got a fair chance of succeeding in the Criminal Appeal and hence, the sentence imposed against the petitioner/appellant may

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https://www.mhc.tn.gov.in/judis 2/6

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Crl.M.P.No.17758 of 2023

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be suspended and the petitioner/appellant may be enlarged with bail. He further submitted that the trial Court, while convicting the petitioner, has suspended the sentence till 17.11.2023.

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Learned Government Advocate (Crl.Side) appearing for the respondent submitted that the petitioner (A3) is a private individual who has abetted the main accused in the offence. He further submitted that the prosecution has proved the case beyond reasonable doubts and the trial Court on finding the petitioner/appellant guilty, convicted him as stated above. Therefore, he vehemently opposed for grant of suspension of sentence.

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Heard the learned counsel for the petitioner/appellant and

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Government Advocate (Crl.Side) appearing for the respondent and perused the materials on record.

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Considering the facts and circumstances of the case and also considering the submissions made by the learned counsel for the petitioner/appellant, this Court is of the view that the sentence of imprisonment can be suspended on certain conditions. Accordingly, till the

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https://www.mhc.tn.gov.in/judis 3/6

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Crl.M.P.No.17758 of 2023

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disposal of the Criminal Appeal, suspension of sentence is granted, on the following conditions :-

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i. The petitioner/appellant shall execute bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only), with two sureties, each for a like sum to the satisfaction of the learned Chief Judicial Magistrate/Special Judge (Under Prevention of Corruption Act), Erode;

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ii. The petitioner/appellant shall appear before the trial Court on the first working day of every English Calendar month at 10.30 a.m., until further orders.

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Accordingly, the Criminal Miscellaneous Petition stands

ordered.

08.11.2023

ham

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Crl.M.P.No.17758 of 2023

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The Special Judge/Chief Judicial Magistrate, Erode.

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The Deputy Superintendent of Police, Vigilance and Anti-Corruption, Erode.

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The Public Prosecutor, High Court of Madras.

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https://www.mhc.tn.gov.in/judis 5/6

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Crl.M.P.No.17758 of 2023

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A.D.JAGADISH CHANDIRA, J.

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ham

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Crl.M.P.No.17758 of 2023 in Crl.A.No.1264 of 2023

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08.11.2023

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2/2

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P. Mahendran v. State of Tamilnadu Rep.by

Case brief

What is this about?

What did the court decide?

P. Mahendran v. State of Tamilnadu Rep.by

Case brief

What is this about?

What did the court decide?

What the court decided

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