MUTHUMANI GUNARAJ Vs. STATE REP. BY

JUDGEMENT

(1.) This petition has been filed seeking to direct the 2nd respondent herein to classify the petitioner/convict No.8057, who was convicted and sentenced in C.C.No.59 of 200 on the file of the IX Additional Judge, (CBI Cases), City Civil Court, Chennai to "A" class in Central Prison, Puzhal-I Chennai.

(2.) The learned counsel for the petitioner would submit that the petitioner is a senior citizen, aged 73 years. He was employed as a Superintendent Engineer in BSNL. During his employment, a case was filed by the 1st respondent against the petitioner and two others for the offences under Sections 120(B) r/w 419, 420, 467, 468 and 471 of IPC and Section 13(2) r/w 13(1)(d) of the Prevention of Corruption Act . Thereafter charges were framed and trial was conducted in C.C.No59 of 2000 on the file of the IX Additional Judge, (CBI Cases), City Civil Court, Chennai by an order dated 24.06.2010. The petitioner was found guilty, convicted and sentenced to undergo Rigorous Imprisonment for a period of 1 year for each count and to pay a fine of Rs.1000/- for each count and in default to undergo Rigorous Imprisonment for a period of 2 months for each count for the offences under Sections 120(B) r/w 419, 420, 467, 468 and 471 of IPC and Section 13(2) r/w 13(1)(d) of the Prevention of Corruption Act . Against the judgment of conviction and sentence, the petitioner has preferred an appeal before this Court in Crl.A.No.456 of 2010 and same was dismissed by an order dated 10.02.2020. However, the sentence of Rigorous Imprisonment was modified to Simple Imprisonment. Consequent to the confirmation of conviction, the petitioner has surrendered before the trial Court and he has been committed to jail.

(3.) The learned counsel for the petitioner would further submit that the petitioner being a senior citizen has lot of health complications and he is suffering with diabetes macularoedema and kidney stone. The petitioner had filed an application before the trial Court to provide first class prison facility as per Rules 226(1) of the Tamil Nadu Prison Rules 1983 and the trial Court by an order dated 18.03.2020 was pleased to make recommendation to the 2nd respondent to treat the petitioner as "A" class prisoner.