Partly allowed

Malliga v. the State Rep by Its

Madras HC4 Nov 2024CRL MP/15024/2024

Case brief

AI extract

What is this about?

The Single Judge suspended the sentence of imprisonment imposed on the appellant convicted under the Prevention of Corruption Act, 1988, directing enlargement on bail pending the final hearing of the appealdue to infirmities in the prosecution case and arguable points involving the petitioner.

What did the court decide?

Suspension of substantive sentence of imprisonment; enlargement on bail with bond of Rs.10,000/- and two sureties; direction to appear monthly until further orders.

Malliga Vs the State Rep by Its — Service and Employment | Madras HC (2024)

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Crl.M.P.No.15024 of 2024 in Crl.A.No.1319 of 2024

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Crl.M.P.No.15024 of 2024 in Crl.A.No.1319 of 2024

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N.SESHASAYEE, J.

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Petitioner / appellant was convicted for the offences U/s.7 and Section 13(2) r/w 13(1)(d) of the Prevention of Corruption Act, 1988, and sentenced to undergo one (1) year S.I. and to pay a fine of Rs.10,000/- in default to undergo one (1) month S.I. for offence U/s.7 of the Prevention of Corruption Act, 1988, and sentenced to undergo one (1) year S.I. and to pay a fine of Rs.10,000/- and in default to undergo one (1) month S.I. for offences U/s.13(2) r/w 13(1)(d) of Prevention of Corruption Act, 1988, by the learned Chief Judicial Magistrate cum Special Judge, Chengalpattu, under judgment in Special S.C.No.5 of 2013 dated 10.10.2024. 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 till 11.11.2024. The learned counsel further submits that there are several infirmities and

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1/4

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

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Crl.M.P.No.15024 of 2024 in Crl.A.No.1319 of 2024

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inconsistencies found in the prosecution case and there are contradictions in

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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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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 2/4

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

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Crl.M.P.No.15024 of 2024 in Crl.A.No.1319 of 2024

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the learned Chief Judicial Magistrate cum Special Judge, Chengalpattu, and on further condition that the petitioner shall appear before the said Court on

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the first working day of every month at 10.30 a.m. until further orders.

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04.11.2024 (2/2)

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Note to office : Issue order copy on 06.11.2024

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3/4

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

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Crl.M.P.No.15024 of 2024 in Crl.A.No.1319 of 2024

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N.SESHASAYEE, J.

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kas

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Crl.M.P.No.15024 of 2024 in Crl.A.No.1319 of 2024

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04.11.2024 (2/2)

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4/4

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

Malliga v. the State Rep by Its

Case brief

What is this about?

What did the court decide?

Malliga v. the State Rep by Its

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

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