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Madras High CourtCRL MP/8405/2026ordered

M.Chandramohan v. State By, The Inspector Of Police,

2026-05-06Honourable Mrs.Justice L.Victoria Gowri6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06-05-2026

CORAM

THE HON'BLE MRS.JUSTICE L.VICTORIA GOWRI CRL MP No. 8405 of 2026 in CRL A NO. 618 OF 2026 M.Chandramohan S/o. Mahadevan, No.5, 8th Street, Gopalakrishna Nagar, Kalinjur, Katpadi, Vellore District.

..Petitioner(s) Vs State by, The Inspector of Police, Vellore.

Cr.No.20/2019.

..Respondent(s) Prayer: Criminal Miscellaneous Petition filed under Section 430(1) of BNSS, 2023 to enlarge the petitioner / Appellant /Accused -2 on bail by suspending the sentence imposed upon the petitioner by the Special Court for the Cases under Prevention of Corruption Act and Principal District and Sessions Judge, Vellore in Special Calendar Case No.1 of 2025 dated 15.04.2026 pending disposal of the above Appeal.

For Petitioner(s):

Mr.D.Lakshmipathy For Respondent(s):

Mr.A.Damodaran Additional Public Prosecutor

ORDER

The petitioner has preferred the above appeal challenging the judgment dated 15.04.2026 passed by the Special Court for the Cases under the Prevention of Corruption Act and Principal District & Sessions Judge, Vellore in Spl.C.C.No.1 of 2025 convicting and sentencing the petitioner to undergo three years simple imprisonment for the offence under Section 12 of Prevention of Corruption (Amendment) 2018 and to pay a fine of Rs.25,000/- (Rupees twenty five thousand only) and in default to undergo simple imprisonment for a period of six months.

2. The instant petition has been filed to suspend the sentence imposed on the petitioner pending disposal of the above Appeal.

3. The case of the prosecution that the defacto complainant approached the petitioner / A.2 and another accused/ A.1 for registration of six partition deeds, while so, the A.1 demanded a bribe amount of Rs.1,00,000/- to register the same and asked the defacto complainant to handover the bribe amount to the petitioner/A.2. Subsequently, a trap was set and the petitioner/A.2 was secured by the police team, Thus the petitioner has committed the aforesaid offences.

4. The learned counsel for the petitioner would submit that the trial court has failed to note that the allegation of P.W.1 that he visited A.1 on 30.09.2019, was not corroborated by any material and the trial court failed to appreciate the material contradiction, hence, he prayed to suspend the sentence imposed on the petitioner.

5. The learned Additional Public Prosecutor appearing for the respondent would submit that the trial Court, after taking into consideration the oral and documentary evidence produced by the prosecution, rightly found the petitioner/appellant guilty and convicted and sentenced him, as stated above.

6. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the respondent perused the materials available on record.

7. Having regard to the submission made by the learned counsel for the petitioner that there are substantial grounds raised in the above appeal which require consideration, this Court is inclined to grant suspension of sentence and exempt the petitioner from surrendering before the Trial Court, subject to the following conditions:

(i) The petitioner shall execute a bond for a sum of Rs.10,000/-, with two sureties, each for a like sum to the satisfaction of the Special Court for the cases under

Prevention of Corruption Act and Principal District & Sessions Judge, Vellore;

(ii) The petitioner and the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Trial Court may obtain a copy of their Aadhar card or Bank pass Book and mobile numbers to ensure their identity; and (iii) The petitioner shall appear before the Trial Court on the first working day of every month at 10.30 a.m. until the disposal of the appeal and if he is not able to appear before the Trial Court on any day, he shall make arrangements to file an application under Section 317 Cr.P.C. and shall appear before the Trial Court on any other day in lieu of the date of his absence, as directed by the Trial Court.

8. Accordingly, these Criminal Miscellaneous Petition is ordered. 06-05-2026 Index: Yes/No Speaking/Non-speaking order ssd

To State by, The Inspector of Police, Vellore.

Cr.No.20/2019.

L.VICTORIA GOWRI, J.

ssd IN CRL A NO. 618 OF 2026 06-05-2026