S.Arumugam, M/A 66 Years, v. The State Rep By Its,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction ) Tuesday, the Fifth day of December Two Thousand Seventeen PRESENT The Hon`ble Dr. Justice G.JAYACHANDRAN CRIMINAL MISCELLANEOUS PETITION No.15356 of 2017 IN CRL A.764/2017 1 S.ARUMUGAM, [ PETITIONERS ] 2 VALLIAMMAL, 3 MEENAKSHI SUNDARAM, Vs THE STATE REP BY ITS, [ RESPONDENT ] THE ADDITIONAL SUPERINTENDENT OF POLICE, CENTRAL BUREAU OF INVESTIGATION, ANTI CORRUPTION BRANCH, HADDOWS ROAD, CHENNAI-600 006 Petition praying that in the circumstances stated therein and in the Memorandum of Grounds in Criminal Appeal No.764/2017 on the file of the High Court, the High Court will be pleased to suspend the sentence inflicted on the Appellants/Accused in C.C.No.35 of 2012 passed by the Honble XIV Additional Special Judge for CBI Cases, City Civil Court, Chennai on 10.11.2017 till the disposal of the Criminal Appeal and enlarge the Appellants on bail pending disposal of this Criminal Appeal No.764 of 2017.
Order : This petition coming on for orders upon perusing the petition and the Memorandum of Grounds in Crl. Appeal No.764/2017 on the file of the High Court and upon hearing the arguments of M/S.V.S.VENKATESH, Advocate for the petitioner and of MR.K.SRINIVASAN SPECIAL PUBLIC PROSECUTOR FOR CBI CASES on behalf of the Respondent the court made the following order:- This petition has been filed to suspend the sentence of imprisonment imposed in the judgment dated 10.11.2017 made in C.C.No.35 of 2012 on the file of the XIV Additional Special Judge for CBI Cases, City Civil Court, Chennai and enlarge the petitioners on bail, convicted and sentenced the petitioners as under:
Conviction Sentence under Section A1, Section 13(2) r/w 13 (1)(e) of P.C.Act, 1988 Two years rigorous imprisonment and to pay a fine of Rs.10,000/-.
A2 & A3, Section 109 of IPC r/w 13(2) r/w 13(1) (e) of P.C.Act, 1988 Two years rigorous imprisonment and to pay a fine of Rs.10,000/-.
Each in default of fine amount A1 to A3 to undergo simple imprisonment for six months.
2. Challenging the same, the present appeal has been filed along with this petition for suspension of sentence.
3. Taking into consideration of the submission of the learned counsels appearing on both sides, since there are some arguable points available in the appeal, I am inclined to pass the following orders: The substantive sentence imposed against the petitioners alone is suspended on condition that i) each of the petitioners 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 XIV Additional Special Judge for CBI Cases, City Civil Court, Chennai, within the period of two weeks from the receipt of this order and also ii) the petitioners shall appear before the above said Court on the first working day of every English calendar month at 10.30 a.m, until further orders.
-sd/- 05/12/2017 This order, on being produced, be punctually observed and carried into execution by all concerned TRUE COPY Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.
TO 1 THE XIV ADDITIONAL SPECIAL JUDGE FOR CBI CASES, CITY CIVIL COURT,CHENNAI 2 THE SPECIAL PUBLIC PROSECUTOR FOR CBI CASES,HIGH COURT,MADRAS 3 THE STATE REP BY ITS, THE ADDITIONAL SUPERINTENDENT OF POLICE, CENTRAL BUREAU OF INVESTIGATION, ANTI CORRUPTION BRANCH, HADDOWS ROAD, CHENNAI.
4 THE SUPERINTENDENT CENTRAL PRISON, PUZHAL,CHENNAI +1 C.C. to M/S.V.S.VENKATESH Advocate on payment of necessary charges SR.NO. 22010 Order in CRL MP.15356/2017 in CRL A.764/2017 Date :05/12/2017 From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format RD 08/12/2017