Partly allowed

K.Sema Kumar v. the State Represented by Inspector of Police

Madras HC19 Dec 2024CRL MP/18017/2024

Case brief

AI extract

What is this about?

The High Court of Madras granted suspension of sentence and bail to the convicted petitioner under S.430(1) BNSS 2023, citing infirmities in the prosecution case and the pending appeal, subject to specific conditions.

What did the court decide?

Substantive sentence suspended; petitioner enlarged on bail on bond of Rs.10,000 with two sureties of like sum, subject to appearance conditions.

K.Sema Kumar Vs the State Represented by Inspector of Police — Corruption | Madras HC (2024)

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CRL.M.P.No.18017 of 2024 in Crl.A.No.1605 of 2024

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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Dated : 19.12.2024

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CORAM

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MR.JUSTICE N.SESHASAYEE

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CRL.M.P.No.18017 of 2024 in Crl.A.No.1605 of 2024

K.Semakumar

... Petitioner

Vs.

The State represented by Inspector of Police Vigilance and Anti-Corruption Wing Tiruppur (Crime No.11/2010/AC/CB) ... Respondent

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Prayer: The miscellaneous petition is filed U/s.430 (1) of BNSS Act, 2023, to suspend of the sentence pursuant to the order in Spl.C.C.No.29 of 2014 dated 14.11.2024 pending disposal of the above Criminal Appeal Petition, on the file of the learned Chief Judicial Magistrate / Special Court under the Prevention of Corruption Act, Tiruppur.

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For Petitioner : Mr.K.Nagarajan

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

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

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ORDER

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CRL.M.P.No.18017 of 2024 in Crl.A.No.1605 of 2024

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The 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 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 / Special Court under the Prevention of Corruption Act, Tiruppur, under judgment in Special Calender Case No.29 of 2014 dated 14.11.2024. Hence, the petitioner seeks suspension of sentence.

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2.The learned counsel for petitioner submits that the trial Court has suspended the sentence of the petitioner temporarily. 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.18017 of 2024 in Crl.A.No.1605 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.Accordingly, the substantive sentence of imprisonment alone is suspended and the petitioner is directed to be enlarged on bail on the following conditions:-

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a) The petitioner / accused is ordered to be released on bail on his executing 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 learned Chief Judicial Magistrate / Special Court under the Prevention of Corruption Act, Tiruppur.

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

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CRL.M.P.No.18017 of 2024 in Crl.A.No.1605 of 2024

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N.SESHASAYEE, J.

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kas

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b) The petitioner/ accused and the sureties shall affix their photographs and left thumb impressions in the surety bonds and the Magistrate may obtain a copy of their Aadhaar Cards or Bank Pass Books to ensure their identities;

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c) The petitioner / accused shall appear before the trial Court on the first working day of every English calender month at 10.30 a.m. until the disposal of the Appeal and if he is not able to appear before the trial Court on any day, due to unavoidable circumstances, he shall make arrangements to file an application under Section 317 Cr.P.C. and shall appear before the trial Court or any other day in lieu of his absence, as directed by the trial Court. Such an application shall not be entertained often; and

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d) On the failure of any of the above conditions by the petitioner / accused, it is open to the trial Court to commit the petitioner / accused into custody for undergoing the sentence.

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19.12.2024 (2/2)

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kas

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Note: Issue order copy on 19.12.2024

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CRL.M.P.No.18017 of 2024 in Crl.A.No.1605 of 2024

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

K.Sema Kumar v. the State Represented by Inspector of Police

Case brief

What is this about?

What did the court decide?

K.Sema Kumar v. the State Represented by Inspector of Police

Case brief

What is this about?

What did the court decide?

What the court decided

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