Disposed

V.Mathiyalagan v. the State Rep.by

Madras HC5 Nov 2024CRL MP/15012/2024

Case brief

AI extract

What is this about?

Appellant convicted for offences under Sections 12 r/w 7 of the Prevention of Corruption Act, 2018 sought suspension of sentence pending appeal. The court found infirmities in the prosecution case and arguable points in the appeal, suspended the substantive sentence, and enlarged the petitioner on bail with monthly reporting.

What did the court decide?

Substantive sentence of imprisonment suspended; petitioner enlarged on bail on a Rs.10,000 bond with two sureties and monthly appearance before CJM Tiruvarur.

V.Mathiyalagan Vs the State Rep.by — Corruption | Madras HC (2024)

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Crl.M.P.No.15012 of 2024 in Crl.A.No.1317 of 2024

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Crl.M.P.No.15012 of 2024 in Crl.A.No.1317 of 2024

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N.SESHASAYEE, J.

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Petitioner / appellant was convicted for the offences U/s.12 r/w 7 of the Prevention of Corruption Act, 2018, and sentenced to undergo three (3) years S.I. and to pay a fine of Rs.1,000/- in default to undergo one (1) month S.I. for offence U/s.12 r/w 7 of the Prevention of Corruption Act, 2018, by the learned

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Chief Judicial Magistrate, Tiruvarur, under judgment in Special C.C.No.2 of

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2020 dated 30.09.2024. Hence, the petitioner seeks suspension of sentence.

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The learned counsel for petitioner submits that the trial Court has suspended the sentence imposed on the petitioner temporarily and the petitioner is in bail now. 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 Mr.K.M.D.Muhilan, the learned Government Advocate (Crl. Side) and the learned counsel appearing for the petitioner.

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1/3

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

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Crl.M.P.No.15012 of 2024 in Crl.A.No.1317 of 2024

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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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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 Chief Judicial Magistrate, Tiruvarur 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. until further orders.

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05.11.2024 (2/2)

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Note to office : Issue order copy on 07.11.2024

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2/3

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

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Crl.M.P.No.15012 of 2024 in Crl.A.No.1317 of 2024

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N.SESHASAYEE, J.

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kas

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Crl.M.P.No.15012 of 2024 in Crl.A.No.1317 of 2024

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05.11.2024 (2/2)

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3/3

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

V.Mathiyalagan v. the State Rep.by

Case brief

What is this about?

What did the court decide?

V.Mathiyalagan 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

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