R.Radhakrishnan v. The Deputy Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13-05-2026

CORAM

THE HON'BLE MR.JUSTICE P. DHANABAL IN CRL A NO. 627 OF 2026 R.Radhakrishnan S/o Ranganathan, Kanniamman Koil Street, Chinthamani Post, Vikravandi Taluk, Villupuram.

..Petitioner(s) Vs The State represented by:

The Deputy Superintendent of Police, Vigilance and Anti Corruption, Villupuram.

Crime no.3/2014/AC/VPM.

..Respondent(s) PRAYER: This Criminal Miscellaneous Petition has been filed under Section 389(1) of Cr. P.C. to suspend the sentence passed by the learned Special Judge, Special Court for PC act cases, Villupuram in Spl.Case No.5 of 2018 dated 29.04.2026 enlarge the petitioner on bail pending disposal of the Criminal Appeal.

For Petitioner(s):

Mr. Vijayakumar, Senior Counsel for Mr. K.N.Pandian For Respondent(s):

Mr. A. Damodaran, Additional Public Prosecutor.

ORDER

This petition has been filed by the petitioner to suspend the sentence

imposed against this petitioner through an order dated 29.04.2026 on the file of learned Special Judge, Special Court for PC act cases, Villupuram.

2. The learned counsel appearing for the petitioner would contend that this petitioner has been convicted for the offences under Sections 13(2) read with 13(1)(c)(d) of Prevention of Corruption Act 1988 by the learned Special Judge, Special Court for Prevention of Corruption Act cases, Villupuram and sentenced to undergo 2 years of rigorous imprisonment and to pay a fine of Rs.10,000/- in default to undergo 3 months of simple imprisonment. The petitioner was on bail during the trial proceedings and the trial Court also suspended the sentence till 28.05.2026. The trial Court failed to consider the material points and there are no any materials available to prove the charges levelled against the petitioner. However, the trial Court convicted the petitioner and sentenced imprisonment and hence prayed to suspend the sentence pending disposal of the main criminal appeal.

3. The learned Government Advocate (Criminal side) appearing for the respondent would contend that based on the evidences only, the trial Court has convicted the accused and there are materials available to convict the accused and the prosecution has proved the charges beyond reasonable doubts and hence objected to suspend the sentence imposed by the trial Court.

4. Heard both sides and perused the materials available on record.

5. The petitioner has been charged for the offences under Sections 120B, 167, 471 and 420 of IPC and Sections 13(2) r/w 13(1)(c)(d) of Prevention of Corruption Act, 1988 in Spl. S.C. No.5 of 2018 on the file of the learned Special Judge, Special Court for PC act cases, Villupuram and he has been acquitted from the charges for the offences under Sections 120-B, 167, 471 and 420 of IPC and convicted for the offence under Section s 13(2) r/w 13(1)(c)(d) of Prevention of Corruption Act, 1988 and sentenced to undergo 2 years of rigorous imprisonment and to pay a fine of Rs.10,000/- in default to undergo 3 months of simple imprisonment.

6. It is an admitted fact that the trial Court has suspended the sentence till 28.05.2026 and the fine amount was also paid. Hence, considering the nature of offences and the punishment imposed by the Trial Court and there are arguable points in this case, this Court is inclined to suspend the sentence imposed by the trial Court.

7. Accordingly, this Criminal Miscellaneous Petition is allowed and the imprisonment ordered by the trial Court through the impugned judgment dated 29.04.2026 is suspended subject to the following conditions:

[a] Accordingly, the petitioner is ordered to be released on bail on condition to execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for a like sum to the satisfaction of the learned Special Judge, Special Court for Prevention of Corruption Act cases, Villupuram and on further condition that:

[b] the petitioner shall report before the learned Special Judge, Special Court for Prevention of Corruption Act cases, Villupuram in the first working day of every English Calendar month at 10.30 a.m. until further orders.

13-05-2026 [2/2] Index: Yes/No Speaking/Non-speaking order MJS Note:

1. Registry is directed to forthwith upload this order in the Official Website of this Court.

2. All concerned to act on this order being uploaded in Official Website of this Court without insisting on certified hard copies. To be noted, this order when uploaded in the official website of this Court will be watermarked and will also have a QR code.

To

1. The Special Judge, Special Court for Prevention of Corruption Act cases, Villupuram.

2. The Deputy Superintendent of Police, Vigilance and Anti Corruption, Villupuram.

3. The Public Prosecutor, High Court of Madras.

P.DHANABAL, J.

MJS IN CRL A NO. 627 OF 2026 13-05-2026 [2/2]