Allowed

S.Govindaraj v. the State by, the Inspector of Police

Madras HC12 Dec 2024CRL MP/17702/2024

Case brief

AI extract

What is this about?

The High Court suspended the substantive sentence of imprisonment imposed on the petitioner for corruption offenses, noting infirmities in the prosecution case and the pending appeal. The petitioner was enlarged on bail with specific conditions regarding bond execution and monthly court appearances.

What did the court decide?

Suspension of substantive sentence of imprisonment and enlargement on bail subject to executing a bond of Rs.10,000 with two sureties and appearing before the trial court on the first working day of e

S.Govindaraj Vs the State by, the Inspector of Police — Corruption | Madras HC (2024)

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CRL.M.P.No.17702 of 2024 in Crl.A.No.1565 of 2024

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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Dated : 12.12.2024

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CORAM

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MR.JUSTICE N.SESHASAYEE

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CRL.M.P.No.17702 of 2024 in Crl.A.No.1565 of 2024

S.Govindaraj

... Petitioner

Vs.

The State by The Inspector of Police Vigilance and Anti-Corruption Coimbatore District Now Tiruppur District

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... Respondent

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Prayer: The miscellaneous petition is filed U/s.430 (1) of BNSS Act, 2023, to suspend of the sentence imposed in Spl.C.C.No.28 of 2014 dated 26.11.2024 passed by the learned Chief Judicial Magistrate, Tiruppur, enlarge the petitioner on bail pending disposal of this Criminal Appeal before this Court by allowing this petition.

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For Petitioner : Mr.R.Sivakumar

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For Respondent : Mr.K.M.D.Muhilan Government Advocate (Crl. Side)

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ORDER

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CRL.M.P.No.17702 of 2024 in Crl.A.No.1565 of 2024

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The Petitioner / appellant / A2 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 three (3) years R.I. and to pay a fine of Rs.2,000/- 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 three (3) years R.I. and to pay a fine of Rs.2,000/- 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, Tiruppur under judgment in Special C.C.No.28 of 2014 dated 26.11.2024. 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 26.12.2024. 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

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witnesses.

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

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CRL.M.P.No.17702 of 2024 in Crl.A.No.1565 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 Chief Judicial Magistrate, Tiruppur, and on

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CRL.M.P.No.17702 of 2024 in Crl.A.No.1565 of 2024

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N.SESHASAYEE, J.

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kas

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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.

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12.12.2024 (2/2)

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kas

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Note: Issue order copy on 12.12.2024

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CRL.M.P.No.17702 of 2024 in Crl.A.No.1565 of 2024

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S.Govindaraj v. the State by, the Inspector of Police

Case brief

What is this about?

What did the court decide?

S.Govindaraj v. the State by, the Inspector of Police

Case brief

What is this about?

What did the court decide?

What the court decided

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