Partly allowed

A.Natarajan v. State Represented by

Madras HC20 Dec 2023CRL MP/19640/2023

Case brief

AI extract

What is this about?

This High Court suspended the imprisonment sentence of the appellant convicted under the Prevention of Corruption Act, allowing bail on condition of executing a bond and appearing monthly before the trial court until the disposition of the criminal appeal.

What did the court decide?

Suspended sentence of imprisonment on conditions of executing Rs.50,000/- bond with two sureties and monthly appearance before trial court.

A.Natarajan Vs State Represented by — Corruption | Madras HC (2023)

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Crl.M.P.No.19640 of 2023

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 20.12.2023

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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.19640 of 2023 in Crl.A.No.1597 of 2023

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A.Natarajan

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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, Coimbatore.

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... Respondent

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PRAYER: Criminal Miscellaneous Petition filed under Sections 389(1) of

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Cr.P.C., pleased to suspend the sentence and enlarge the petitioner/appellant

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on bail in Spl.C.C.No.7 of 2014 on the file of the learned Special Judge for

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Cases under Prevention of Corruption Act, Coimbatore.

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For Petitioner : Mr.V.N.Krishnamurthy

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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.19640 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 Special Judge for Cases under Prevention of Corruption Act, Coimbatore, in Special C.C.No.7 of 2014 vide judgment dated 30.11.2023.

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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*	S	*entence*
409 of IPC	one year rigorous of Rs.3,000/-, in months simple im	imprisonment and a fine default, to undergo two prisonment.
420 of IPC	one year rigorous of Rs.3,000/-, in months simple im	imprisonment and a fine default, to undergo two prisonment.
468 of IPC	one year rigorous of Rs.3,000/-, in months simple im	imprisonment and a fine default, to undergo two prisonment.
471 of IPC	one year rigorous of Rs.2,000/-, in month simple imp	imprisonment and a fine default, to undergo one risonment.
477 (A) of IPC	one year rigorous of Rs.3,000/-, in months simple im	imprisonment and a fine default, to undergo two prisonment.
13(2) r/w 13(1)(c) 13(1)(d) of Prevention of Corruption Act, 1988	one year rigorous of Rs.3,000/-, in months simple im	imprisonment and a fine default, to undergo two prisonment.
The sentenc	es shall run concurr	ently

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

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Crl.M.P.No.19640 of 2023

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Learned counsel for the petitioner/appellant submitted that the 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 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.

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Learned Government Advocate (Crl.Side) appearing for the respondent submitted that the prosecution has proved the case beyond all 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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https://www.mhc.tn.gov.in/judis

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Crl.M.P.No.19640 of 2023

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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 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 Special Judge for Cases under Prevention of Corruption Act, Coimbatore ;

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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.

20.12.2023

ham

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Crl.M.P.No.19640 of 2023

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The Special Judge for Cases under Prevention of Corruption Act, Coimbatore.

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

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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.19640 of 2023

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A.D.JAGADISH CHANDIRA, J.

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ham

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Crl.M.P.No.19640 of 2023 in Crl.A.No.1597 of 2023

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20.12.2023

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A.Natarajan v. State Represented by

Case brief

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What did the court decide?

A.Natarajan v. State Represented by

Case brief

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