State Of Tamil Nadu, Rep. By The Public Prosecutor v. N. Vijayakumar /accused.

Prayer:- Criminal Appeal is filed under section 378 of Criminal Procedure Code, praying this Hon'ble Court to set aside the judgment dated 25.02.2014 made in Spl.C.C. No. 49 of 2011 on the file of the Special Judge for Trial of Prevention of Corruption Act Cases, Madurai and convict and sentence the Respondent/Accused.

The Order of the Court was delivered by

M. Nirmal Kumar, J.:— Criminal Appeal is coming on for orders on this day and upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Mr. M. Chandra Sekaran, Additional Public Prosecutor on behalf of the Appellant and of V. Kathivelu, Senior Counsel for Mr. K. Prabhu, Advocate for the Respondent, this Court made the following order:

This Court by judgment dated 28.08.2020 convicted the respondent/accused, for offence under Section 13(2)r/w 13(1)(d) of the Prevention of Corruption Act, 1988 and directed the respondent to appear before this Court on 14.09.2020 for hearing him on the Quantum of Sentence.

2. On 14.09.2020 when the matter was taken up for hearing, the learned senior counsel appearing for the respondent/accused filed a memo along with discharge summary and submitted that respondent/accused was admitted in Apollo Hospital, Madurai on 16.08.2020 and discharged on 25.08.2020. On his discharge, the respondent was advised to take medicine for a period of two weeks and continue the treatment. Due to which, he is in self quarantine. Hence, the learned senior counsel seeks two weeks time for appearance of the respondent, by that time, his health condition will be improved. Considering the submission, this Court adjourned the matter to 28.09.2020.

3. Today i.e., on 15.09.2020, the learned senior counsel for the respondent/accused made a mention before this Court that the respondent/accused is ready to appear today. Hence, this Court decides to take up the matter at about 2.00 p.m.

4. Today, at about 2.00 p.m., the respondent/accused appeared before this Court through video conference. This Court having found the respondent guilty under Section 13(2) r/w 13(1)(d) of the Prevention of Corruption Act, 1988. Questioned the respondent as regards sentence.

5. When the respondent/accused was questioned with regard to the quantum of sentence, he pleaded mercy on the ground that he and his wife are alone and he has got no issues and they are aged persons with severe health ailments and his wife is a traditional women with less outside contacts and it will be difficult for her to survive alone in the absence of the respondent/accused. Further, he had already undergone heart surgery. The respondent/accused employed in the Health Department of Municipal Corporation of Madurai and actively participated in programs of implementation in eradication of COVID-19. Due to which, he was affected by COVID-19 and admitted in Apollo Hospital, Madurai and took treatment as inpatient from 16.08.2020 to 25.08.2020. After his discharge, he was advised to continue treatment and he is under medication.

6. Considering the health condition of the respondent/accused and his family circumstances and the statement made by him, this Court deems it fit to convict the respondent/accused as follows:

To undergo one year Rigorous Imprisonment and to pay a fine of Rs. 5,000/- (Rupees Five Thousand only) for offence under Section 13(2)r/w 13(1)(d) of the Prevention of Corruption Act, 1988, in default to undergo three months Simple Imprisonment. The fine amount shall be remitted before the Registry of this Court.

7. The period already undergone by the respondent/accused during the trial is to be set off under Section 428 of the Code of Criminal Procedure. The respondent/accused to serve the remaining portion of the sentence. The concerned Police is directed to secure the respondent/accused to undergo the imprisonment and produce him before the Central Prison, Madurai.

8. The Registry is directed to issue necessary warrant.