Disposed

P.Selvaraj v. State Represented by

Madras HC8 Jan 2024CRL MP/155/2024

Case brief

AI extract

What is this about?

Convicted appellants in a vigilance and anti-corruption case sought suspension of one-year rigorous imprisonment sentences under Sections 7 and 13(2) r/w 13(1)(d) PC Act pending appeal. The High Court suspended the sentence till appeal disposal, subject to bonds of Rs.50,000 with two sureties and monthly appearances before the trial court.

What did the court decide?

Suspension of sentence granted till disposal of Crl.A.No.40/2024, on bond of Rs.50,000 with two sureties and monthly court appearances.

P.Selvaraj Vs State Represented by — Corruption | Madras HC (2024)

¶1

Crl.M.P.No.155 of 2024

¶2

IN THE HIGH COURT OF JUDICATURE AT MADRAS

¶3

DATED : 08.01.2024

¶4

CORAM

¶5

THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA

¶6

Crl.M.P.No.155 of 2024 in Crl.A.No.40 of 2024

¶7

P.Selvaraj

¶8

V.N.Rangasamy

¶9

... Petitioners/Appellants

¶10

Vs.

¶11

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

¶12

(Crime No.10/2011/AC/CB)

¶13

... Respondent

¶14

PRAYER: Criminal Miscellaneous Petition filed under Sections 389(2) of Cr.P.C., pleased to suspend the sentence and enlarge the petitioners/appellants on bail in Spl.C.C.No.5 of 2013, on the file of the Special Court for cases under Prevention of Corruption Act, Coimbatore.

¶15

For Petitioners : Mr.V.N.Krishnamurthy For Respondent : Mr.S.Santhosh Government Advocate (Crl.Side)

¶16

https://www.mhc.tn.gov.in/judis 1/6

¶17

O R D E R

¶18

Crl.M.P.No.155 of 2024

¶19

This Criminal Miscellaneous Petition has been filed by the petitioners/appellants (A2 & A3 respectively), seeking suspension of sentence imposed by the Special Court for trial of cases under Prevention of Corruption Act, Coimbatore, in Spl.C.C.No.5 of 2013 vide judgment dated 12.12.2023.

¶20

The conviction and sentence imposed against the

¶21

petitioners/appellants is as follows:-

¶22

*Under Section*	*Sentence*
7 of Prevention of Corruption Act, 1988	One year rigorous imprisonment and a fine of Rs.2,500/-, in default, to undergo two months simple imprisonment.
13(2) r/w 13(1)(d) of	one year rigorous imprisonment and a fine
Prevention of Corruption Act, 1988	of Rs.2,500/-, in default, to undergo two months simple imprisonment.
The sentenc	es shall run concurrently

¶23

Learned counsel for the petitioners/appellants submitted that the

¶24

fine amount has been paid by the petitioners/appellants. According to the learned counsel for the petitioners/appellants, there are arguable points

¶25

https://www.mhc.tn.gov.in/judis 2/6

¶26

Crl.M.P.No.155 of 2024

¶27

available in the Criminal Appeal, which is not likely to be taken for final hearing in the near future and the petitioners/appellants have got a fair chance of succeeding in the Criminal Appeal and hence, the sentence imposed against the petitioners/appellants may be suspended and the petitioners/appellants may be enlarged with bail. He further submitted that the trial Court, while convicting the petitioners, has suspended the sentence till 11.01.2024.

¶28

Learned Government Advocate (Crl.Side) appearing for the

¶29

respondent submitted that the prosecution has proved the case beyond all reasonable doubts and the trial Court on finding the petitioners/appellants guilty, convicted them as stated above. Therefore, he vehemently opposed for grant of suspension of sentence.

¶30

Heard the learned counsel for the petitioners/appellants and

¶31

Government Advocate (Crl.Side) appearing for the respondent and perused the materials on record.

¶32

Considering the facts and circumstances of the case and also

¶33

https://www.mhc.tn.gov.in/judis 3/6

¶34

Crl.M.P.No.155 of 2024

¶35

considering the submissions made by the learned counsel for the petitioners/appellants, 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 :-

¶36

i. The petitioners/appellants shall execute separate 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 Court for Cases under Prevention of Corruption Act, Coimbatore;

¶37

ii. The petitioners/appellants shall appear before the trial Court on the first working day of every English Calendar month at 10.30 a.m., until further orders.

¶38

Accordingly, the Criminal Miscellaneous Petition stands

ordered.

08.01.2024

ham

https://www.mhc.tn.gov.in/judis 4/6

¶43

Crl.M.P.No.155 of 2024

¶44

¶45

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

¶46

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

¶47

The Public Prosecutor, High Court of Madras.

¶48

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

¶49

5/6

¶50

Crl.M.P.No.155 of 2024

¶51

A.D.JAGADISH CHANDIRA, J.

¶52

ham

¶53

Crl.M.P.No.155 of 2024 in Crl.A.No.40 of 2024

¶54

08.01.2024

¶55

2/2

¶56

https://www.mhc.tn.gov.in/judis 6/6

P.Selvaraj v. State Represented by

Case brief

What is this about?

What did the court decide?

P.Selvaraj v. State Represented 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

Similar cases

Harirao Vs the State Rep.by

Karunakaran @ Karuna Vs State by

V.S.Sivaprasad Vs State Rep By

State of Tamil Nadu Rep. by, Vs G.Sadagopan, S/O.Govindasamy

S.Rajeswari Vs State Rep. by

A.Parthasarathy Vs the State Rep. by