Disposed

K.Rajesh Kannan v. the State Rep.by

Madras HC24 Oct 2024CRL MP/14773/2024

Case brief

AI extract

What is this about?

A person convicted under the Prevention of Corruption Act sought suspension of sentence pending appeal. Noting infirmities in the prosecution case and delay before hearing, the court suspended the substantive imprisonment sentence and enlarged the appellant on bail on bond with two sureties and monthly reporting.

What did the court decide?

Substantive sentence of imprisonment suspended; petitioner enlarged on bail on Rs.10,000/- bond with two like sureties and monthly court appearances till further orders.

K.Rajesh Kannan Vs the State Rep.by — Corruption | Madras HC (2024)

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Crl.M.P.No.14773 of 2024 in Crl.A.No.1311 of 2024

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Crl.M.P.No.14773 of 2024 in Crl.A.No.1311 of 2024

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N.SESHASAYEE, J.

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Petitioner / appellant was convicted for the offences u/s.7 of the Prevention of Corruption Act, 1988 and sentenced to undergo two years of rigorous imprisonment and to pay a fine of Rs.10,000/-, in default of payment of fine to undergo one month imprisonment and for the offences u/s.13(2) r/w 13(1) (d) of the Prevention of Corruption Act, 1988 and sentenced to undergo two years of rigorous imprisonment and to pay a fine of Rs.10,000/-, in default of payment of fine to undergo one month imprisonment, for charge under Section 7 and 13(2) r/w 13(1) (d) of the Prevention of Corruption Act, 1988 by the Special Court for learned Chief Judicial Magistrate, Chengalpattu, under judgment in Spl.C.C.No.3 of 2013 dated 03.10.2024. Hence, the petitioner seeks suspension of sentence.

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

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Crl.M.P.No.14773 of 2024 in Crl.A.No.1311 of 2024

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The learned counsel for petitioner submits that the petitioner was on bail during the investigation and trial. The learned counsel further submits that there are several infirmities and inconsistencies found in the prosecution case and there are contradictions in the material particulars between the evidence of the prosecution witnesses.

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3.Heard Dr.C.E.Pratap, the learned Government Advocate (Crl. Side) and the learned counsel appearing for the petitioner.

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Considering the facts and circumstances of the case and in view of the fact that there are several infirmities in the prosecution case and there are arguable points involved in the appeal, as contended by the learned counsel for petitioner and that the appeal is not likely to be taken up for final hearing in the near future, this Court is of the considered view that the petitioner herein is entitled to the relief of grant of suspension of sentence.

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

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Crl.M.P.No.14773 of 2024 in Crl.A.No.1311 of 2024

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5.The substantive sentence of imprisonment alone is suspended accordingly, and the petitioner is directed to be enlarged on bail on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees ten thousand only) with two sureties each for a like sum to the satisfaction of the learned Special Court for Chief Judicial Magistrate, Chengalpattu, and on further condition that the petitioner shall appear before the said Court on the first working day of every month at 10.30 a.m. till further orders.

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24.10.2024 (2/2)

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Note to office : Issue order copy today

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

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Crl.M.P.No.14773 of 2024 in Crl.A.No.1311 of 2024

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N.SESHASAYEE, J. Anu

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Crl.M.P.No.14773 of 2024 in Crl.A.No.1311 of 2024

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24.10.2024 (2/2)

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

K.Rajesh Kannan v. the State Rep.by

Case brief

What is this about?

What did the court decide?

K.Rajesh Kannan v. the State Rep.by

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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