CRL MP/19131/2019 of K.SANTHANA KUMAR Vs STATE REP.BY on 30 December 2019

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction )

Monday, the Thirtieth day of December Two Thousand NineteenPRESENT

The Hon`ble Mr Justice G.R.SWAMINATHANCRIMINAL MISCELLANEOUS PETITION No.19131 of 2019IN CRL.A.NO.912 OF 2019

K.SANTHANA KUMAR [ PETITIONER / APPELLANT /

ACCUSED ]

Vs

STATE REP.BY [ RESPONDENT / RESPONDENT /INSPECTOR OF POLICE, COMPLAINANT ]CBI/ACB/CHENNAI, SASTRI BHAVAN, HADDOWS ROAD, NUNGAMBAKKAM, R.C.NO.35/A/2005 AND R.C.NO.36/A/2005.

Petition praying that in the circumstances stated therein and inthe Memorandum of Grounds in Crl.A.No.912/2019 on the file of theHigh Court, the High Court will be pleased to suspend the sentenceimposed in CC.No.6 of 2006 dated 28.11.2019 by the II AdditionalDistrict Judge for CBI Cases, Coimbatore and enlarge thepetitioners/appellants on bail pending disposal of the aboveCrl.A.No.912/2019.

Order : This petition coming on for orders upon perusing thepetition and the Memorandum of Grounds in Crl.A.No.912/2019 on thefile of the High Court and upon hearing the arguments ofM/S.L.P.BALAJIRAM,AdvocateforthepetitionerandofM/S.T.SHUNMUGARAJESWARAN, GOVERNMENT ADVOCATE O/O.PUBLIC PROSECUTORon behalf of the Respondent the court made the following order:- Petitioner was convicted for offence under Section 120-B r/w.419, 420, 467, 467 r/w 468, 468 r/w. 471 IPC and Section 13(2) r/w.13(1)(d) of Prevention of Corruption Act, 1988 and for thesubstantive offences punishable under Section 467 r/w. 471, 419 and420 IPC and sentenced to undergo two years R.I. and fine ofRs.10,000/- i/d 6 months S.I.for the offence under Section 120-B r/w.419, 420, 467, 467 r/w 468, 468 r/w. 471 IPC and Section 13(2) r/w.13(1)(d) of Prevention of Corruption Act, 1988 and sentenced toundergo two years R.I. and fine of Rs.10,000/- i/d 6 months S.I. forthe each count of the each substantive offences punishable underSection 467 r/w. 471, 419 and 420 IPC by the learned II AdditionalDistrict Judge (CBI Cases), Coimbatore under judgment dated28.11.2019 in C.C.No.6 of 2006. Sentences are ordered to runhttps://hcservices.ecourts.gov.in/hcservices/concurrently. Hence, the petitioner seeks suspension of sentence.

2. The learned counsel for the petitioner submits that there areseveral infirmities and inconsistencies found in the prosecutioncase. It is also contended that there are contradictions in thematerial particulars between the evidence of the prosecutionwitnesses.

3. The learned Special Public Prosecutor appearing for theprosecution pointed out that while granting relief for the co-accused, certain conditions were imposed and that the same conditionmay be imposed in the present case also.

4. I am of the view that considering the nature of allegationsmade against the petitioner herein, such a condition need not beimposed and the petitioner has got arguable point in his favour.

5. Considering the facts and circumstances of the case and inview of the fact that there are several infirmities in theprosecution case and there are arguable points involved in theappeal, as contended by learned counsel for petitioner and further,the appeal is not likely to be taken up for final hearing in the nearfuture, this Court is of the considered view that the petitionerherein is entitled to the relief of grant of suspension of sentence.

6. Accordingly, the substantive sentence of imprisonment alone issuspended and the petitioner is directed to be enlarged on bail oncondition that the petitioner shall execute a bond for a sum ofRs.10,000/- (Rupees ten thousand only) with two sureties each for alike sum to the satisfaction of the learned II Additional DistrictJudge (CBI Cases), Coimbatore and on further condition that thepetitioner shall appear before the said Court on the first workingday of every month at 10.30 a.m. pending appeal.

-sd/- 30/12/2019

This order, on being produced, be punctually observed and carriedinto execution by all concerned TRUE COPY

Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.

TO

1 II ADDITIONAL DISTRICT JUDGEFOR CBI CASES, COIMBATORE.

3 THE SPECIAL PUBLIC PROSECUTORCBI CASES, HIGH COURT, MADRAS.https://hcservices.ecourts.gov.in/hcservices/CBI CASES, HIGH COURT, MADRAS.https://hcservices.ecourts.gov.in/hcservices/

3 THE INSPECTOR OF POLICE, CBI/ACB/CHENNAI, SASTRI BHAVAN, HADDOWS ROAD, NUNGAMBAKKAM, R.C.NO.35/A/2005 AND R.C.NO.36/A/2005.

+1 C.C. to M/S.L.P.BALAJIRAM Advocate on payment of necessarycharges SR.No.26613

Order in CRL MP.19131/2019 in CRL.A.912/2019 Date :30/12/2019 From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this formatcs 02/01/2020