Allowed

V.Subramani v. State of Tamilnadu Rep by

Madras HC9 Nov 2023CRL MP/17857/2023

Case brief

AI extract

What is this about?

The High Court sanctioned suspension of the petitioner's sentence of two years rigorous imprisonment and a fine under the Prevent ion of Corruption Act, pending the disposal of his criminal appeal. Bail was granted subject to the petitioner executing a bond and appearing in the trial court on the first working day of every month.

What did the court decide?

Sentence of imprisonment suspended pending disposal of Criminal Appeal; petitioner enlarged on bail subject to bond and monthly appearance conditions.

V.Subramani Vs State of Tamilnadu Rep by — Corruption | Madras HC (2023)

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Crl.M.P.No.17857 of 2023

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 09.11.2023

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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.17857 of 2023 in Crl.A.No.1276 of 2023

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V.Subramani ... Petitioner/Appellant

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Vs.

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

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(Crime No.02/AC/2006/ER) ... 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

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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.N.Arun Kumar

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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.17857 of 2023

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This Criminal Miscellaneous Petition has been filed by the petitioner (A2) /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*
7 of Prevention of Corruption Act, 1988	two years and a fine undergo imprisonm	of rigorous of Rs.1,000/- one month ent.	imprisonment , in default, to of simple
13(2) r/w 13(1)(d) of Prevention of Corruption Act, 1988	two years and a fine undergo imprisonm	of rigorous of Rs.1,000/- one mo ent.	imprisonment , in default, to nth simple

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According to the learned counsel for the petitioner/appellant,

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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

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

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Crl.M.P.No.17857 of 2023

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Appeal and hence, the sentence imposed against the petitioner/appellant may be suspended and the petitioner/appellant may be enlarged with bail. He further submitted that the trial Court, by an order dated 16.10.2023 in C.M.P.No.16657 of 2023, has suspended the sentence for the petitioner till 17.11.2023.

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Learned Government Advocate (Crl.Side) appearing for the respondent submitted that the prosecution has proved the case beyond reasonable doubts and the trial Court on finding the petitioner (A2)/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

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considering the submissions made by the learned counsel for the petitioner/appellant, this Court is of the view that the sentence of

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

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Crl.M.P.No.17857 of 2023

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imprisonment can be suspended on certain conditions. Accordingly, till the 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.50,000/- (Rupees Fifty 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.

09.11.2023

ham

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

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Crl.M.P.No.17857 of 2023

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The Chief Judicial Magistrate/Special Judge (Under Prevention of Corruption Act),

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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.17857 of 2023

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A.D.JAGADISH CHANDIRA, J.

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ham

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Crl.M.P.No.17857 of 2023 in Crl.A.No.1276 of 2023

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09.11.2023

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2/2

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

V.Subramani v. State of Tamilnadu Rep by

Case brief

What is this about?

What did the court decide?

V.Subramani v. State of Tamilnadu Rep by

Case brief

What is this about?

What did the court decide?

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