J.C.VENKATESAN. Vs. STATE

JUDGEMENT

(1.) This Petition has been filed to suspend the sentence passed by the learned Chief Judicial Magistrate, Erode in Special CC.No.33/2015 dtd. 14/6/2022 against the Petitioners and enlarge the Petitioners on bail pending disposal of Criminal Appeal.

(2.) (a).The convicted A1 and A2 are the Petitioner herein. The Court below framed charges against the accused u/s. 7 and 13(2) r/w 13 (1) (d) of the Prevention of Corruption Act.

(3.) (a).The learned counsel for the Petitioner would contend that the there is inordinate delay in preferring the complaint by PW2. The alleged demand was on 8/1/2007, but the complaint was given only on 31/1/2007. The prosecution has not proved alleged demand by the first accused. Al was alleged to have demanded on two dates before the trap i.e 8/1/2007 and 29/1/2007. The defense has put forward through Ex.D1 and Ex.D2 that Al was not at all available in the office at the relevant time on those dates and he went to field work.