Madras High CourtCRL MP/8546/2026ordered

V.Palanisamy v. The State Rep By, The Inspector Of Police

2026-05-13Honourable Mr.Justice P. Dhanabal6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13-05-2026

CORAM

THE HON'BLE MR.JUSTICE P. DHANABAL IN CRL A NO. 630 OF 2026 V.Palanisamy S/o.Velusamy, Residing at No.46, Kumarasamy, Gounder Street, Rathinapuri, Coimbatore.

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

The Inspector of Police Vigilance and Anti Corruption, Coimbatore.

..Respondent(s) PRAYER: This Criminal Miscellaneous Petition has been filed under Section 389(1) of Cr. P.C. to suspend the substantial sentence imposed upon him in Spl.C.C.No.11 of 2014 dated 29-04-2026 by the Special Judge, Special Court for Cases under Prevention of Corruption Act, Coimbatore and to enlarge the petitioner on bail, pending disposal of the above Criminal Appeal. For Petitioner(s):

M/s.Jeeva Kuralamudhu 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, Coimbatore.

2. The learned counsel appearing for the petitioner would contend that this petitioner has been convicted for the offences under Sections 7 and 13(2) read with 13(1)(d) of Prevention of Corruption Act 1988 by the learned Special Judge, Special Court for Prevention of Corruption Act cases, Coimbatore and sentenced to undergo 1 year of rigorous imprisonment and to pay a fine of Rs.5,000/- in default to undergo 3 months of simple imprisonment for the offence under Section 7 of Prevention of Corruption Act and sentenced to undergo 1 year of rigorous imprisonment and to pay a fine of Rs.5,000/- in default to undergo 3 months of simple imprisonment for the offence under Section 13(2) r/w 13(1)(d) of Prevention of Corruption Act. 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 7 and 13(2) read with 13(1)(d) of Prevention of Corruption Act 1988 in Spl. S.C. No.11 of 2014 on the file of the learned Special Judge, Special Court for PC act cases, Coimbatore and he has been convicted for the offence under Section 7 and 13(2) r/w 13(1)(d) of Prevention of Corruption Act, 1988 and sentenced to undergo 1 year of rigorous imprisonment and to pay a fine of Rs.5,000/- in default to undergo 3 months of simple imprisonment for the offence under Section 7 of Prevention of Corruption Act and sentenced to undergo 1 year of rigorous imprisonment and to pay a fine of Rs.5,000/- in default to undergo 3 months of simple imprisonment for the offence under Section 13(2) r/w 13(1) (d) of Prevention of Corruption Act.

6. It is an admitted fact that this petitioner was on bail during the trial proceedings and 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, Coimbatore and on further condition that:

[b] the petitioner shall report before the learned Special Judge, Special Court for Prevention of Corruption Act cases, Coimbatore 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.

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

2. The Inspector of Police, Vigilance and Anti Corruption, Coimbatore.

3. The Public Prosecutor, High Court of Madras.

P.DHANABAL, J.

MJS IN CRL A NO. 630 OF 2026 13-05-2026 [2/2]