N.Manonmani v. The Inspector of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Twenty Sixth day of September Two Thousand and Twenty Three PRESENT The Hon`ble DR. Justice D. NAGARJUN Crl.M.P.(MD)No.13703 of 2023 in Crl.A.(MD)No.883 of 2023 MRS. N.MANONMANI ... APPELLANT/SOLE ACCUSED

Vs 1 STATE REP. BY THE INSPECTOR OF POLICE VIGILANCE AND ANTI CORRUPTION WING, MADURAI CRIME NO. 3 OF 2014 ... RESPONDENT/COMPLAINANT Criminal Miscellaneous Petition filed praying that in the circumstances stated therein and in the petition filed therewith the High Court may be pleased to suspend the sentence of imprisonment passed in Spl C.C No. 36 of 2014 on the file of the Learned Special Judge for Prevention of Corruption Act cases, Madurai dated

11.09.2023 and enlarge the petitioner on bail till the disposal of the Criminal Appeal. Prayer in CRL A(MD). 883/ 2023 : To admit this appeal and call for records and to set aside the conviction and sentence passed in Spl C.C.No.36 of 2014 on the file of the Learned Special Judge for Prevention of Corruption Act Cases, Madurai dated 11.09.2023 by allowing this criminal appeal. Order : This Criminal Miscellaneous petition coming up for orders on this day, upon perusing the petition filed in support thereof and upon hearing the arguments of M/S.MUTHUKAMATCHI.V, Advocate for the petitioner and of MR.E.ANTONY SAHAYA PRABAHAR,Additional Public Prosecutor on behalf of the Respondent while admitting the Criminal Appeal the Court made the following order:- This petition is filed aggrieved by the judgment of the trial Court in Spl.C.C.No.36 of 2014, wherein finding the petitioner guilty of the offence under Sections 7 and 13 (2) r/w 13 (1) (d) of the Prevention of Corruption Act, 1988 and sentencing the petitioner to undergo three years rigorous imprisonment and a fine of Rs.1,000/- in default to undergo two months simple imprisonment for the offence under Section 7 of Prevention of Corruption Act, 1988 and four years rigorous imprisonment and a fine of Rs.1,000/- in default to undergo two months simple imprisonment for the offence under Section 13 (2) r/w 13 (1) (d) of the Prevention of Corruption Act, 1988.

2.Considering the submissions made by the learned counsel for the petitioner and on hearing of the learned Additional Public Prosecutor for the respondent, the sentence in Spl.C.C.No.36 of 2014 is suspended, pending appeal by imposing the following conditions:-

(i)The petitioner shall execute a bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only) with two sureties, of whom, one should be a blood relative, each for a like sum to the satisfaction of the learned Special Judge for Prevention of Corruption Act Cases, Madurai.

(ii)The sureties shall affix their photographs and Left Thumb Impression in the surety bond and the trial Court may obtain a copy of their Aadhar card or Bank Pass Book to ensure their identity; and

(iii)The petitioner shall appear before the respondent police daily at 10.30 a.m and 5.30 p.m. until further orders.

sd/-

26/09/2023

/ TRUE COPY /

27/09/2023

Sub-Assistant Registrar (C.S.)

Madurai Bench of Madras High Court,

Madurai - 625 023. yuva TO 1 THE SPECIAL JUDGE FOR PREVENTION OF CORRUPTION ACT CASES, MADURAI. 2 THE SUPERINTENDENT CENTRAL PRISON, MADURAI. 3 THE INSPECTOR OF POLICE VIGILANCE AND ANTI CORRUPTION WING, MADURAI. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1. C.C. to M/S.MUTHUKAMATCHI.V Advocate SR.No.14240 ORDER IN Crl.M.P.(MD)No.13703 of 2023 in Crl.A.(MD)No.883 of 2023 Date :26/09/2023

SSA/27.09.2023/4P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023