High Court suspended the sentence of imprisonment and granted bail to the petitioner accused, a Forest Guard convicted for corruption, pending the disposal of his criminal appeal.
Suspension of sentence and bail granted on execution of Rs.25,000/- bond and monthly appearance.
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.
Crl.M.P.No.18220 of 2023 in Crl.A.1300 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 22.12.2023
CORAM :
THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA
Crl.M.P.No.18220 of 2023 in CrlA.No.1300 of 2023
Thegarajan @ Thiyagarajan
... Petitioner
Versus
State represented by The Inspector of Police Vigilance and Anti corruption, Namakkal. (Crime No.5/AC/2013)
... Respondent
Criminal Miscellaneous Petition is filed under Section 389(1) r/w. 439 of Cr.P.C to suspend the sentence of imprisonment imposed in the judgment dated 30.10.2023 in Spl.C.C.No.27 of 2014 on the file of the learned Special Court/Chief Judicial Magistrate Court, Namakkal and enlarge the petitioner on bail pending disposal of the above criminal appeal.
For Petitioner : Mr. Premkumar, for Mr.M.Guruprasad
For Respondent : Mr. C.E.Pratap Government Advocate (crl.side)
1/7
Crl.M.P.No.18220 of 2023 in Crl.A.1300 of 2023
O R D E R
This Criminal Miscellaneous Petition has been filed by the petitioner/appellant, seeking suspension of sentence of imprisonment, imposed by the learned Special Judge, Special Court/Chief Judicial Magistrate Court, Namakkal, vide judgment in Spl.C.C.No.27 of 2014 dated 30.10.2023.
2/7
Crl.M.P.No.18220 of 2023 in Crl.A.1300 of 2023
petitioner/accused and the accused was arrested on 21.08.2013 at 12.15 p.m.,
while he received the bribe amount from the de-facto complainant/P.W.2 in the presence of Mohanraj/P.W.3. The Trap Laying Officer, after completing the investigation, had handed over the case to P.W.15 for further investigation. After examining the witnesses and collecting the documents and material objects, he had filed the final report against the accused for the offences under Sections 7 and 13(2) r/w. 13(1)(d) of the PC Act.
and Ex.Ps.1 to 25 and M.Os.1 to 5 were marked.
| Under Section | Sent | ence | ||||
|---|---|---|---|---|---|---|
| 7 of 1988 |
Prev | ention of Corruption Act, | Four years a fine of undergo imprisonme |
of simpl Rs.1,00 three nt. |
e impris 0/-, in month |
onment and default, to s simple |
| 13(2) | r/w | 13(1)(d) of Prevention of | Four years | of simpl | e impris | onment and |
| Corru | ption | Act, 1988 | a fine of undergo imprisonme |
Rs.5,00 six nt. |
0/-, in months |
default, to simple |
Against which, the present Criminal Miscellaneous Petition has been filed.
3/7
Crl.M.P.No.18220 of 2023 in Crl.A.1300 of 2023
petitioner/appellant is innocent and he has been falsely roped in this case. Earlier, there were loan transactions between the petitioner and the defacto complainant's family. By examining DW1 that the petitioner had raised a probable defence. Subsequent to the arrest, the petitioner/accused was removed from the service. However, the Trial Court, without taking the same into consideration, had found the petitioner guilty.
the petitioner, who is the Forest Guard, had demanded a sum of Rs.15000/from the P.W.2/defacto complainant for not registering the case against the
4/7
Crl.M.P.No.18220 of 2023 in Crl.A.1300 of 2023
accused. Subsequently, he has reduced the demand to Rs.5000/- and based on
the complaint given by P.W.2, a case was registered, a trap was laid and the accused had received the bribe amount in the presence of P.W.3, the shadow witnesses. The prosecution, by examining the witnesses and marking the documents, had proved the case of demand, acceptance and recovery. The Trial Court had rightly found the accused guilty. Therefore, he vehemently opposed for grant of suspension of sentence and bail.
5/7
Crl.M.P.No.18220 of 2023 in Crl.A.1300 of 2023
satisfaction of the learned Special Judge, Special Court/Chief Judicial Magistrate, Namakkal ;
22.12.2023
mrp
Note : Issue order copy today (22.12.2023)
To
6/7
Crl.M.P.No.18220 of 2023 in Crl.A.1300 of 2023
A.D.JAGADISH CHANDIRA, J.
mrp
Crl.M.P.No.18220 of 2023 in CrlA.No.1300 of 2023
22.12.2023
7/7
1 issue framed by the court
Whether the sentence of imprisonment on the accused should be suspended and bail granted pending the disposal of the criminal appeal.
1 provisions across 1 enactments
Thegarajan @ Thiyagarajan
State represented by The Inspector of Police Vigilance and Anti corruption, Namakkal.
A.D. Jagadish Chandira
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
