D.Rajendran v. The State Rep.By, The Deputy Superintendent Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.08.2025

CORAM

THE HONOURABLE MR. JUSTICE D. BHARATHA CHAKRAVARTHY Crl.M.P. No.14382 of 2025 in Crl.A. No.1043 of 2025 D. Rajendiran ... Petitioner/ Appellant/ A1 Vs.

The State represented by, The Deputy Superintendent of Police, Central Bureau of Investigation (CBI), Anti-Corruption Branch (ACB), Chennai.

... Respondent/ Complainant PRAYER: Criminal Miscellaneous Petition filed under Sections 430 of BNSS, 2023 to suspend the sentence imposed on the petitioner herein in Special C.C.No.02 of 2017 by the learned District Judge cum Special Judge (under PC Act) Cases, Karaikal, vide Judgment dated 07.07.2025, pending disposal of the above Criminal Appeal by allowing this petition. For Petitioner : Mr. R.C. Paul Kanagaraj For M/s. P.J. Anitha For Respondent : Mr. K.Srinivasan Special Public Prosecutor for CBI Cases 1/6

O R D E R

This Criminal Miscellaneous Petition is filed seeking suspension of sentences imposed on the petitioner herein by the learned District Judge cum Special Judge (under PC Act) Cases, Karaikal, vide Judgment dated 07.07.2025 in Special C.C.No.02 of 2017.

2.

The conviction and sentence imposed against the petitioner herein/ A1 is as follows:- Under Section Sentence Section 120(b) of IPC r/w Section 7 of Prevention of Corruption Act.

Sentenced to undergo RI for 5 years and to pay a fine of Rs.25,000/- i/d to undergo three months simple imprisonment.

Section 7 of Prevention of Corruption Act.

Sentenced to undergo RI for 5 years and to pay a fine of Rs.25,000/- i/d to undergo three months simple imprisonment.

Section 13(2) r/w. 13(1)(d) of Prevention of Corruption Act.

Sentenced to undergo RI for 5 years and to pay a fine of R.25,000/- i/d to undergo three months simple imprisonment 3.

The learned counsel appearing on behalf of the petitioner/ 2/6

appellant/ A1 would submit that, a perusal of the various grounds that are raised along with the criminal appeal, it would be clear that the petitioner has got more than a prima facie case and no recovery what so ever has been made from the petitioner and prays for suspension of sentence. 4.

Per contra, the learned Special Public Prosecutor (CBI Cases) appearing for the respondent while seeking time to file counter affidavit to the application for suspension of sentence would also submit that the Trial Court has rightly convicted the petitioner and the prosecution has proved the offences beyond any reasonable doubt and there are absolutely no merits in the appeal that has been filed by the appellant.

5.

I have considered the rival submissions made on either side and perused the material records of this case. 6.

It may take a while for this Court to prepare the appeal book ready and to take up the appeal for final hearing. Taking into account the overall facts and circumstances of the case, this Court is of the view that it would only be appropriate to suspend the sentence pending disposal of the 3/6

appeal.

7.

Accordingly, the sentence of imprisonment alone stands suspended, till the disposal of this appeal on the following conditions :- (i) The petitioner shall execute a bond for a sum of Rs.25,000/- with two sureties, each for a like sum to the satisfaction of the Trial Court concerned;

(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; (iii) The petitioner shall appear before the Trial Court concerned once in three months i.e., on the first working day of the English Calendar month at 10.30 a.m.; 8.

Accordingly, this Criminal Miscellaneous Petition stands ordered.

06.08.2025 stn 4/6

To

1. The District Judge cum Special Judge (under PC Act) Cases, Karaikal.

2. The Deputy Superintendent of Police, Central Bureau of Investigation (CBI), Anti-Corruption Branch (ACB), Chennai.

3. The Public Prosecutor, High Court of Madras.

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D. BHARATHA CHAKRAVARTHY, J.

stn Crl.M.P. No.14382 of 2025 in Crl.A. No.1043 of 2025 06.08.2025 6/6