Allowed

A.Irudayaraj v. State Rep by

Madras HC9 Dec 2024CRL MP/17456/2024

Case brief

AI extract

What is this about?

Appellant convicted under the Prevention of Corruption Act and sentenced to two years' imprisonment sought suspension of sentence pending appeal. Noting infirmities in the prosecution case and arguable points, with the appeal unlikely to be heard soon, the court suspended the substantive imprisonment and enlarged him on bail with conditions.

What did the court decide?

Substantive sentence of imprisonment suspended; petitioner enlarged on bail on Rs.10,000 bond with two like sureties, to appear before trial court first working day monthly.

A.Irudayaraj Vs State Rep by — Corruption | Madras HC (2024)

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CRL.M.P.No.17456 of 2024 in Crl.A.No.1535 of 2024

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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Dated : 09.12.2024

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CORAM

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MR.JUSTICE N.SESHASAYEE

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CRL.M.P.No.17456 of 2024 in Crl.A.No.1535 of 2024

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A.Irudayaraj ... Appellant

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Vs.

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State Rep. by The Inspector of Police, Vigilance and Anti Corruption, Special Investigation Cell, Chennai. (Crime No.29/AC/2009) ... Respondent For Petitioner : Mr.P.Ezhil Nilavan For Respondent : Mr.K.M.D.Muhilan Government Advocate (Crl. Side)

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Prayer: Criminal Miscellaneous Petition filed under Section 374(2) Cr.P.C., to suspend the sentence and enlarge the petitioner on bail connected in Special Case No.12 of 2011 on the file of the learned Special Judge cum Chief Judicial Magistrate, Chengalpet.

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

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ORDER

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CRL.M.P.No.17456 of 2024 in Crl.A.No.1535 of 2024

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The Petitioner / appellant was convicted for the offences U/s.7 of the Prevention of Corruption Act, 1988, and sentenced to undergo two (2) years S.I. and to pay a fine of Rs.10,000/- 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 and sentenced to undergo two (2) years S.I. and also fine of Rs.10,000/- in default to undergo (1) month S.I., by the learned Special Judge cum Chief Judicial Magistrate, Chengalpet, under judgment in Special Case No.12 of 2011 dated 25.11.2024. 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 24.12.2024. 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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https://www.mhc.tn.gov.in/judis

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CRL.M.P.No.17456 of 2024 in Crl.A.No.1535 of 2024

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3.Heard Mr.K.M.D.Muhilan, the learned Government Advocate (Crl.

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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 the learned Special Judge cum Chief Judicial Magistrate,

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3/4 https://www.mhc.tn.gov.in/judis

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CRL.M.P.No.17456 of 2024 in Crl.A.No.1535 of 2024

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N.SESHASAYEE, J.

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Anu

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Chengalpet, and on further condition that the petitioner shall appear before the said Court on the first working day of every English calender month at 10.30 a.m. until further orders.

09.12.2024

(2/2)

Anu

Note: Issue order copy on 13.12.2024

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Crl.M.P.No.17456 of 2024 in Crl.A.No.1535 of 2024

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A.Irudayaraj v. State Rep by

Case brief

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A.Irudayaraj v. State Rep by

Case brief

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