Supreme Court – Daily Orders
Kamalakannan vs Inspector Of Police Cbi(Acb Wing) … on 27 January, 2025
Author: Rajesh Bindal
Bench: Rajesh Bindal
1
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. OF 2025
(@ SLP(CRL.) No. 11839/2023)
KAMALAKANNAN APPELLANT(S)
VERSUS
INSPECTOR OF POLICE CBI(ACB WING) CHENNAI RESPONDENT(S)
WITH
CRIMINAL APPEAL NO. OF 2025
(@ SLP(Crl) No. 4829/2024)
O R D E R
1. We have heard learned senior counsel appearing for the
parties.
2. Leave granted.
3. Upon going through the averments made in the judgment rendered
by both the Courts, we find no reason to interfere with the
conviction rendered under Sections 13(2) and 13(1)(d) of the
Prevention of Corruption Act, 1988 and Sections 120B/420, 467,
468 and 471 IPC. Thus, what is left to us is to consider the
quantum of sentence.
Signature Not Verified
4. We find the existence of certain mitigating circumstances,
Digitally signed by
SWETA BALODI
Date: 2025.01.31
16:55:57 IST
though we are also conscious of the rigours of the Act.
Reason:
5. Taking into consideration the mitigating circumstances, which
2
is inclusive of the fact that the occurrence took place in the
year 2002-03 and keeping in mind that the amount has already
been paid, by invoking our power under Article 142 of the
Constitution of India, we deem it appropriate to modify the
sentence of accused No.2 – Kamalakannan to the one already
undergone. Insofar as accused Nos.3 and 4, namely, A. Rajesh
Thomas and M. Praveen Kumar are concerned, their sentence is
reduced to one month.
6. The appeals are allowed in part accordingly.
7. Pending application(s), if any, shall stand disposed of.
……………………………………………………J.
[M.M. SUNDRESH]
……………………………………………………J.
[RAJESH BINDAL]
NEW DELHI;
27th JANUARY, 2025
3
ITEM NO.33 COURT NO.9 SECTION II-C
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (Crl.) No(s). 11839/2023
[Arising out of impugned final judgment and order dated 10-08-2023
in CRL.A No. 10/2014 passed by the High Court of Judicature at
Madras at Chennai]
KAMALAKANNAN Petitioner(s)
VERSUS
INSPECTOR OF POLICE CBI(ACB WING) CHENNAI Respondent(s)
(IA No. 179276/2023 – EXEMPTION FROM FILING C/C OF THE IMPUGNED
JUDGMENT
WITH
SLP(Crl) No. 4829/2024 (II-C)
Date : 27-01-2025 These matters were called on for hearing today.
CORAM : HON’BLE MR. JUSTICE M.M. SUNDRESH
HON’BLE MR. JUSTICE RAJESH BINDAL
For Petitioner(s) Mr. M Sathyanaryanan, Sr. Adv.
Mrs. V Ambika, Adv.
Mr. B. Karunakaran, Adv.
Mr. Ajith Wiliiyam S, Adv.
Mr. Padhmanabha Raja K R, Adv.
Mr. S. Gowthaman, AOR
Mr. Shadan Farasat, Sr. Adv.
Mr. Bharat Gupta, AOR
Ms. Natasha Maheshwari, Adv.
For Respondent(s) Mr. Satya Darshi Sanjay, A.S.G.
Mrs. Archana Pathak Dave, A.S.G.
Mr. Mukesh Kumar Maroria, AOR
Mr. Jagdish Chandra Solanki, Adv.
Mr. Padmesh Mishra, Adv.
Ms. Shivika Mehra, Adv.
Mr. Deepender Banger, Adv.
Mr. Amit Sharma B, Adv.
Mr. Annirudh Sharma Ii, Adv.
Ms. Adya Jha, Adv.
Mr. Gaurang Bhushan, Adv.
Mr. B K Satija, Adv.
Mr. Khushal Kolwar, Adv.
4
UPON hearing the counsel the Court made the following
O R D E R
The appeals are allowed in part in terms of the signed
order.
Pending application(s), if any, shall stand disposed of.
(SWETA BALODI) (POONAM VAID)
ASTT. REGISTRAR-cum-PS ASSISTANT REGISTRAR
(Signed order is placed on the file)
