Govindaraj v. The State Rep By Its

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.04.2026

CORAM:

THE HON'BLE MR.JUSTICE A.D.JAGADISH CHANDIRA in Crl.A.No.337 of 2026 Govindaraj

...Petitioner

Vs.

State rep. by its, The Deputy Superintendent of Police, Economic Offences Wing - II, Cuddalore.

Crime No.1 of 2010

...Respondent

Criminal miscellaneous petition filed under Section 430 of BNSS seeking to suspend the sentence imposed on the petitioner by judgment dated 17.07.2025 passed in C.C.No.4 of 2012 on the file of the Special Court under TNPID Act, Chennai, pending disposal of the above criminal appeal before this Court and enlarge the petitioner on bail. For Petitioner : Mr.S.Suresh, for Mr.P.Veeranarayana For Respondent : Ms.J.R.Archana, GA(Crl. Side)

ORDER

This criminal miscellaneous petition has been filed seeking suspension of sentence of imprisonment imposed on the petitioner in 1/6

C.C.No.4 of 2012, vide judgment dated 17.07.2025 on the file of the Special Court under TNPID Act, Chennai.

2. The conviction and sentence imposed on the petitioner, vide impugned judgment are as follows:- Under Section Sentence 5 of TNPID Act (172 counts) four years rigorous imprisonment and fine of Rs.1,72,00,000/- and Rs.50,000/- on behalf of A1/company, in default, to undergo six months simple imprisonment.

3. The submissions of the learned counsel for the petitioner are as follows:- 3.1.

The petitioner is innocent and he has been arrayed as A2 in C.C.No.4 of 2012. However, pursuant to the direction of this Court, the petitioner filed an affidavit before this Court undertaking to deposit 50% of the total fine amount before the trial court within a period of eight weeks.

3.2.

There are arguable points available in the criminal appeal, which is unlikely to be taken up for final hearing in the near future and the petitioner has a fair chance of succeeding in the appeal. 2/6

3.3. This Court, vide order dated 25.07.2025 made in Crl.M.P.No.14491 of 2025 in Crl.A.No.1064 of 2025, suspended the substantive sentence of imprisonment imposed on the co-accused/A3. Hence, the sentence imposed on the petitioner also may be suspended and the petitioner may be enlarged on bail.

4. Learned Government Advocate (Crl. Side) appearing for the respondent opposed for suspension of sentence imposed on the petitioner stating that the petitioner is the Director of A1 Company and the trial Court, after taking into consideration the oral and documentary evidence adduced by the prosecution, rightly found the petitioner guilty and convicted and sentenced him, as stated above, which cannot be said to be erroneous.

5. Heard both sides and perused the materials on record.

6. Considering the facts and circumstances of the case and also the submissions made by the learned counsel on either side and also taking note of the fact that the petitioner undertook to deposit 50% of the total fine amount ordered by the trial court and also filed an affidavit of undertaking to that effect before this Court today, this Court is inclined to 3/6

suspend the substantive sentence of imprisonment imposed on the petitioner and grant bail to him. Accordingly, till the disposal of the appeal, the reliefs of suspension of sentence and bail are granted to the petitioner, subject to the following conditions:- "(i) The petitioner is ordered to be released on bail, on his executing a bond for a sum of Rs.15,000/- (Rupees Fifteen Thousand only), with two sureties, each for a like sum to the satisfaction of the Special Court under TNPID Act, Chennai; (ii) The sureties shall affix their photographs and left thumb impressions in the surety bonds and the Magistrate may obtain a copy of their Aadhaar Cards or Bank Passbooks to ensure their identities.

(iii) The petitioner shall appear before the trial Court on the first working day of every English calendar month at 10.30 a.m., until further orders.

(iv) In the event of the petitioner not being able to appear before the trial Court on the specified date, he shall be duly represented by his counsel, who shall file an application under Section 317 Cr.P.C before the trial Court and the petitioner shall appear before the trial Court on such other date(s) as directed by the trial Court.

(v) The petitioner shall deposit 50% of the total fine amount before the trial court on or before 23.06.2026." 4/6

7. Accordingly, this criminal miscellaneous petition stands ordered.

8. Post the matter under the caption 'For reporting compliance' on 24.06.2026.

28.04.2026 (2/2) skt To:

1. The Sessions Judge, Special Court under TNPID Act, Chennai.

2. The Superintendent, Central Prison, Puzhal, Chennai.

3. The Deputy Superintendent of Police, Economic Offences Wing - II, Cuddalore.

4. The Public Prosecutor, Madras High Court.

5/6

A.D.JAGADISH CHANDIRA, J.

skt in Crl.A.No.337 of 2026 (2/2) 28.04.2026 6/6