High Court of Judicature at Madras granted suspension of sentence and bail to the appellant convicted under the Prevention of Corruption Act, pending disposal of his criminal appeal, due to arguable points in the case.
Suspension of substantive sentence and enlargement on bail with a bond of Rs.10,000 and conditional appearance.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
CRL.M.P.No.17507 of 2024 in Crl.A.No.1537 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 09.12.2024
CORAM
MR.JUSTICE N.SESHASAYEE
CRL.M.P.No.17507 of 2024 in Crl.A.No.1537 of 2024
K.Chandrasekaran
... Appellant
Vs.
State Rep. by The Deputy Superintendent of Police, Vigilance and Anti-Corruption Department, Erode District Crime No.6/AC/2007/ER ... Respondent
For Petitioner : Mr.K.Sasindran
For Respondent : Mr.K.M.D.Muhilan Government Advocate (Crl. Side)
Prayer: Criminal Miscellaneous Petition filed under Section 374(2) Cr.P.C., to suspend the sentence imposed on the petitioner in Spl.S.C.No.6 of 2015 on the file of the learned Special Judge cum Chief Judicial Magistrate, Tiruppur by the judgement dated 20.11.2024 and
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CRL.M.P.No.17507 of 2024 in Crl.A.No.1537 of 2024
enlarge the petitioner on bail pending disposal of the above Criminal Appeal.
ORDER
The Petitioner / appellant was convicted for the offences U/s.7 of the Prevention of Corruption Act, 1988, and sentenced to undergo three (3) years R.I. and to pay a fine of Rs.2,000/- 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 three (3) years R.I. and also fine of Rs.2,000/- in default to undergo (1) month S.I., by the learned Special Judge cum Chief Judicial Magistrate, Tiruppur, under judgment in Spl.S.C.No.06 of 2015 dated 20.11.2024. Hence, the petitioner seeks suspension of sentence.
in the material particulars between the evidence of the prosecution
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CRL.M.P.No.17507 of 2024 in Crl.A.No.1537 of 2024
witnesses.
3.Heard Mr.K.M.D.Muhilan, the learned Government Advocate (Crl. Side) and the learned counsel appearing for the petitioner.
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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CRL.M.P.No.17507 of 2024 in Crl.A.No.1537 of 2024
N.SESHASAYEE, J.
Anu
Tiruppur, 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
Crl.M.P.No.17507 of 2024 in Crl.A.No.1537 of 2024
2 issues framed by the court
Whether the sentence imposed on the appellant can be suspended and bail can be granted pending disposal of the criminal appeal.
Whether the infirmities and inconsistencies in the prosecution case warrant granting suspension of sentence.
3 provisions across 2 enactments
K.Chandrasekaran
State Rep. by The Deputy Superintendent of Police, Vigilance and Anti-Corruption Department, Erode
N.Seshasayee
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
