Mr. Selvarajan v. The State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29.04.2026

CORAM:

THE HON'BLE MR.JUSTICE A.D.JAGADISH CHANDIRA in Crl.A.No.516 of 2026 Selvarajan

...Petitioner

Vs.

State rep by, The Inspector of Police, Vigilance & Anti-Corruption, Nagapattinam, Thiruvarur District.

...Respondent

Criminal miscellaneous petition filed under Section 430 of BNSS seeking to suspend the sentence imposed on the petitioner, vide judgment dated 11.03.2026 made in Spl.C.C.No.14 of 2025 by the learned Principal District and Sessions Judge, Thiruvarur District and enlarge the petitioner on bail pending disposal of the above Criminal Appeal. For Petitioner : Ms.R.Sangeetha For Respondent : Mr.S.Udayakumar, GA(Crl. Side)

ORDER

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

judgment dated 11.03.2026 made in Spl.C.C.No.14 of 2025 by the learned Principal District and Sessions Judge, Thiruvarur District.

2. The conviction and sentence imposed on the petitioner, vide impugned judgment are as follows:- Under Section Sentence 7 of Prevention of Corruption Act, 1988 four years simple imprisonment and fine of Rs.5,000/-, in default, to undergo one month simple imprisonment.

13(2) r/w 13(1)(d) of Prevention of Corruption Act, 1988 four years simple imprisonment and fine of Rs.5,000/-, in default, to undergo one month simple imprisonment.

The sentences were ordered to run concurrently.

3. The submissions of the learned counsel for the petitioner are as follows:- 3.1. The petitioner is innocent and he has been falsely implicated in this case and that he paid the entire fine amount ordered by the trial court. 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. Hence, the sentence imposed on the petitioner may be suspended and the petitioner may be enlarged on bail.

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4. Learned Government Advocate (Crl. Side) appearing for the respondent opposed for suspension of sentence imposed on the petitioner stating that when the de facto complainant applied for a patta transfer in the name of his friend, one Sirajudeen, who was working in Dubai, the petitioner, then serving as a Sub-Inspector of Survey, demanded a sum of Rs.2,500/- towards illegal gratification and later reduced the same to Rs.1,000/- 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, this Court is inclined to suspend the substantive sentence of imprisonment imposed on the petitioner. 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:- 3/6

(i) The petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only), with two sureties, each for a like sum to the satisfaction of the learned Principal District and Sessions Judge, Thiruvarur; (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.

7. Accordingly, this criminal miscellaneous petition stands ordered.

8. Post the main appeal for hearing in the usual course. 29.04.2026 skt 4/6

To:

1. The Principal District and Sessions Judge, Thiruvarur.

2. The Superintendent, Central Prison, Trichy.

3. The Inspector of Police, Vigilance and Anti-Corruption, Nagapattinam, Thiruvarur District.

4. The Public Prosecutor, Madras High Court.

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A.D.JAGADISH CHANDIRA, J.

skt in Crl.A.No.516 of 2026 29.04.2026 6/6