S.Mathialagan v. The State Rep By, The Deputy Superintendent Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16-06-2025

CORAM

THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY CRL MP No. 10827 of 2025 IN CRL A NO. 613 OF 2025 S.Mathialagan S/o. Mr. Selvaraj, Head Constable 1210, Highway patrol No.4 , Kancheepuram District.

... Appellant Vs The State Rep by, The Deputy Superintendent of Police, Vigilance and Anti corruption, Chennai City I Detachment, Chennai - 28.

... Respondent Prayer : To set aside the order of conviction dated 14.05.2025 passed in Special SC.No.06 of 2024 on the file of the Hon'ble Special Judge and Chief Judicial magistrate court, Kancheepuram, Under the prevention of Corruption Act and to acquit the appellant from the case by allowing the Criminal appeal. For Appellant :

Mr.K.M.Subramanian For Respondent:

Mr.A.Gokulakrishnan Additional Public Prosecutor 1/4

ORDER

Upon considering the submissions that are made by the learned counsel for the petitioner, that the accused is sentenced to undergo imprisonment for a period of one year and considering the fact that fine amount has already been paid and the sentence being suspended upto to till date, I am of the view that the sentence can be suspended pending disposal of the Criminal Appeal.

2. In view thereof, the sentence imposed on the petitioner by order dated 14.05.2025 passed in Special SC.No.06 of 2024 on the file of the Hon'ble Special Judge and Chief Judicial magistrate court, Kancheepuram stands suspended on the following conditions:

(i) The petitioner shall execute a bond for a sum of Rs.25,000/- with two sureties, each for a likesum to the satisfaction of the trial court;

(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 2/4

Book and mobile numbers to ensure their identity; (iii) The petitioner shall appear before the Trial Court on the first working day of every English Calendar month at 10.30 a.m., 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 355 of BNSS, 2023 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;

3. With the above directions, this Criminal Miscellaneous Petition is allowed. 16-06-2025 2/2 KST To 1.The Deputy Superintendent of Police, Vigilance and Anti corruption, Chennai City I Detachment, Chennai - 28.

2.The Special Judge and Chief Judicial Magistrate court, Kancheepuram 3/4

D.BHARATHA CHAKRAVARTHY, J.

KST IN CRL A NO. 613 OF 2025 16-06-2025 4/4