Allowed

R.Saravanan v. Inspector of Police

Madras HC15 Dec 2023CRL MP/19516/2023

Case brief

AI extract

What is this about?

The High Court, on a petition for suspension of sentence, observed that the petitioner had paid the fine and arguable points existed in the pending appeal. Consequently, the court granted suspension of the imprisonment sentence on specific bail conditions until the appeal was disposed of.

What did the court decide?

Suspension of imprisonment sentence granted pending disposal of the criminal appeal, subject to execution of a bond of Rs. 50,000 with two sureties and monthly appearances in court.

R.Saravanan Vs Inspector of Police — Corruption | Madras HC (2023)

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Crl.M.P.No.19516 of 2023

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 15.12.2023

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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.19516 of 2023 in Crl.A.No.1548 of 2023

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R.Saravanan

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... Petitioner/Appellant

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Vs.

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State represented by, The Inspector of Police, Vigilance and Anti-Corruption, Dharmapuri.

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... Respondent

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PRAYER: Criminal Miscellaneous Petition filed under Sections 389(2) and 439 of Cr.P.C., pleased to suspend the imprisonment in the judgment dated 04.11.2023 in Special Calender Case No.10 of 2011 on the file of the learned

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Chief Judicial Magistrate/Special Judge, Dharmapuri and enlarge the

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petitioner/appellant on bail pending disposal of the criminal appeal.

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For Petitioner : Mr.A.Thiyagarajan

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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

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O R D E R

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Crl.M.P.No.19516 of 2023

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This Criminal Miscellaneous Petition has been filed by the petitioner/appellant, seeking suspension of sentence imposed by the learned Chief Judicial Magistrate/Special Judge, Dharmapuri, in Special C.C.No.10 of 2011 vide judgment dated 04.11.2023.

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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	three years rigorous imprisonment and a fine of Rs.15,000/-, in default, to undergo three months simple imprisonment.
13(2) r/w 13(1)(d) of Prevention of Corruption Act, 1988	three years rigorous imprisonment and a fine of Rs.15,000/-, in default, to undergo three months simple imprisonment.

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Learned counsel for the petitioner/appellant submitted that the

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fine amount has been paid by the petitioner/appellant. 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

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

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Crl.M.P.No.19516 of 2023

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succeeding in the Criminal 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, while convicting the petitioner on 04.11.2023, has suspended the sentence till 04.12.2023.

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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/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.19516 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, Dharmapuri ;

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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.

15.12.2023

ham

Note : Issue order copy today (15.12.2023)

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Crl.M.P.No.19516 of 2023

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The Chief Judicial Magistrate / Special Judge, Dharmapuri.

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The Inspector of Police, Vigilance and Anti-Corruption, Dharmapuri.

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The Public Prosecutor, High Court of Madras.

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

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Crl.M.P.No.19516 of 2023

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A.D.JAGADISH CHANDIRA, J.

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ham

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Crl.M.P.No.19516 of 2023 in Crl.A.No.1548 of 2023

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15.12.2023

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R.Saravanan v. Inspector of Police

Case brief

What is this about?

What did the court decide?

R.Saravanan v. Inspector of Police

Case brief

What is this about?

What did the court decide?

What the court decided

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