MHC refuses to set aside the conviction against actor Jayaprada

CHENNAI: The Madras High Court, on Friday, refused to set aside the conviction and 6 months of imprisonment imposed on the actor and former member of parliament Jayaprada and also directed the actor to pay Rs.20 lakhs with a physical appearance to the lower court to get bail.

Justice G Jayachandran directed Jayaprada to deposit Rs.20 lakhs for seeking bail or suspension of sentence. The judge also directed the actor to appear physically before the principal sessions court within 15 days and the judge directed the sessions court not to entertain the actor's bail or suspension of sentence if the pre-conditions are not complied.

Senior counsel Abdul Hameed appeared for Jayaprada submitted that the contribution amount was already paid before the order of conviction and sentence itself is liable to be set aside. Further, declining the amnesty proposal offered by the petitioners with malafide intentions will vitiate the criminal prosecution, said the counsel.

However, T.N.C.Kaushick the standing counsel for Employees State Insurance Corporation (ESIC) has submitted that the amount remitted, after a delay of 18 years after prosecution without the accrued interest and nonappearance on the date of judgment would clearly show the attitude of the petitioners. Hence the sentence is not liable to be set aside, he argued.

ESIC had lodged complaints against Jayaprada and other partners of the now-defunct Jayaprada Theatre on General Patters Road in Chennai, for the non-submission of the ESI contribution deducted from the salaries of the theater employees.

On August 10, the Egmore Metropolitan Magistrate Court convicted Jayaprada and other partners for the offences under the ESIC Act.

Further, the Magistrate court also imposed six months of simple imprisonment with non non-bailable warrant.

Challenging this conviction Jayaprada moved the Madras High Court. However, the High Court dismissed her petition.