Madras High Court
Lakshmi vs State Rep. By The Inspector Of ... on 26 April, 2023
Crl.M.P.No.5867 of 2023 in
Crl.A.No.472 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 26.04.2023
CORAM
THE HONOURABLE MR.JUSTICE V.SIVAGNANAM
Crl.M.P.No.5867 of 2023 in
Crl.A.472 of 2023
1. Lakshmi
2. Vimala ... petitioners
/vs/
State rep. by the Inspector of Police,
Economic Offences Wing-II,
Coimbatore District.
Crime No.5 of 2014 ... Respondent
Prayer : Criminal Miscellaneous Petition filed under section 389(1) of
Cr.P.C., to grant suspension of sentence of the petitioners/Appellants and
enlarge the petitioners on bail, who are convicted in C.C.No.06 of 2022 dated
24.03.2023 on the file of the Special Judge, Special Court under TNPID Act,
Coimbatore, pending disposal of the Criminal Appeal.
For petitioners ... Mr.P.Ezhil Nilavan
For Respondent ... Mr.A.Gokulakirshnan
Additional Public Prosecutor
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Crl.M.P.No.5867 of 2023 in
Crl.A.No.472 of 2023
ORDER
This Criminal Miscellaneous Petition has been to suspend the sentence
imposed on the petitioners by the Trial Court, in C.C.No.06 of 2022 on the
file of the Special Judge, Special Court under the Tamil Nadu Protection of
Interests of Depositors Act Cases, Coimbatore vide judgment dated
24.03.2023, pending disposal of the appeal.
2. Totally, there are 7 accused in C.C.No.06 of 2022 on the file of the
Special Court under TNPID Act, Coimbatore and the petitioners herein are
A4 and A6. A1, is While Collar Associates, a financial Establishment and
A2 to A7 are responsible for the management and day to day affairs of A1
Financial Establishment. The allegation against the accused is that A2 to A7
had collected deposits from the public fraudulently and dishonestly with the
intention to cheat the depositors with false promise of unrealizable returns
and assured to return the principal amount at the end of the term and
swindled the deposit amounts.
3. The learned Special Judge, Special Court under TNPID Act,
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Crl.M.P.No.5867 of 2023 in
Crl.A.No.472 of 2023
Coimbatore, vide judgment dated 24.03.2023 passed in C.C.No.06 of 2022,
convicted and sentenced the accused persons, as extracted hereunder.
Rank of the Convicted Sentence
accused under Sec.
A2 to A7 Sec.120B Each to undergo 7 years rigorous
read with imprisonment and to pay fine of
420 of IPC Rs.60,000/- for each counts [Fine of
Rs.60,000/- x 5 counts x 6 accused =
18,00,000/- in default of payment of fine
to undergo further one and half years
rigorous imprisonment for each count
A2 to A7 Sec.420 IPC Each to undergo 7 years rigorous
imprisonment and to pay fine of
Rs.60,000/- for each counts [Fine of
Rs.60,000/- x 5 counts x 6 accused =
18,00,000/- in default of payment of fine
to undergo further one and half years
rigorous imprisonment for each count
A2 to A7 Sec.406 IPC Each to undergo 3 years rigorous
imprisonment and to pay fine of
Rs.60,000/- for each counts [Fine of
Rs.60,000/- x 5 counts x 6 accused =
18,00,000/- in default of payment of fine
to undergo further nine months rigorous
imprisonment for each count
A2 to A6 Sec.5 of Each to undergo 10 years rigorous
TNPID Act imprisonment and to pay fine of
1997 Rs.60,000/- for each counts [Fine of
Rs.60,000/- x 5 counts x 6 accused =
18,00,000/- in default of payment of fine
to undergo further two years rigorous
imprisonment for each count
The sentences shall run concurrently. The imprisonment has already
https://www.mhc.tn.gov.in/judis
Crl.M.P.No.5867 of 2023 in
Crl.A.No.472 of 2023
Rank of the Convicted Sentence
accused under Sec.
undergone by A2 to A7, if any, shall be set off as per Section 428 of
Cr.P.C. Total fine amount of Rs.72,00,000/-.
4. Aggrieved over the judgment of conviction and sentence imposed
by the Trial Court, the petitioners/A4 and A6 filed the present criminal
appeal, along with the instant miscellaneous petition, seeking suspension of
sentence and bail.
5. The learned counsel for the petitioners submitted that the judgment
of the trial court is contrary to law, weight of evidence and probabilities of
the case. He further submitted that the prosecution failed to establish the fact
that the petitioners are neither partners nor directors of A1 company and
these two petitioners never received any amount from any of the witnesses.
Hence, they may be granted suspension of sentence imposed on them by the
trial court.
6. Heard the learned counsel appearing for the petitioners and the
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Crl.M.P.No.5867 of 2023 in
Crl.A.No.472 of 2023
learned Additional Public Prosecutor appearing for the respondent and
perused the materials available on record.
7. Considering the submission made by the learned counsel appearing
on both sides, and also taking into account the gravity of the offence
involved in this matter, this Court is inclined to grant interim suspension of
sentence imposed on this petitioners/A4 & A6 only for a period of three
months on the following conditions.
[i] The petitioners shall pay the 20% of the fine amount of
imposed on the petitioners within a period of one month
from the date of their release.
[ii] The petitioners their ordered to be released bail for a
period of three months on their executing a bond for a sum
of Rs.25,000/-(Rupees twenty thousand only) along with
two sureties, each for a like sum, to the satisfaction of the
Trial Court;
(iii) The petitioners and the sureties shall affix their
photographs and Left Thumb Impression in the surety
bonds and the trial Court may obtain a copy of their
Aadhaar card or Bank pass Book to ensure their identity;
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Crl.M.P.No.5867 of 2023 in
Crl.A.No.472 of 2023
[iv] The petitioners shall settle the remaining amount to the
depositors within a period of three months and
[v] The petitioners shall surrender before the trial Court
after the interim suspension of sentence period of three
months is over.
7. Call the matter after three months.
26.04.2023
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To
1. The Special Judge, Special Court under TNPID Act, Coimbatore.
2. The Superintendent, Central Prison for Women, Coimbatore.
3. The Public Prosecutor, Madras High Court.
https://www.mhc.tn.gov.in/judis
Crl.M.P.No.5867 of 2023 in
Crl.A.No.472 of 2023
V.SIVAGNANAM, J.
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Crl.M.P.No.5867 of 2023 in
Crl.A.472 of 2023
26.04.2023
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