P.Murugesan v. State Rep.By, The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 26.09.2025
CORAM
THE HONOURABLE MR. JUSTICE M.NIRMAL KUMAR in Crl.A.No.1510 of 2025 P.Murugesan ... Petitioner/Accused Vs.
State rep by The Inspector of Police, Vigilance and Anti-Corruption, Salem.
(Crime No.2/AC/2014) ... Respondent Prayer: Criminal Miscellaneous Petition filed under Section 430(1) of BNSS, 2023 to suspend the sentence imposed on the petitioner by a judgment dated 11.09.2025 in Special C.C.No.4 of 2015 on the file of learned Special Judge, Special Court for Trial of Cases under Prevention of Corruption Act, Salem and to release the petitioner on bail pending disposal of the above Criminal Appeal.
For petitioner :
Mr.N.A.Ravindran For Respondent : Mr.Leonard Arul Joseph Selvam Additional Public Prosecutor 1/6
ORDER
The petitioner/Accused in Spl.C.C.No.04 of 2015 was convicted by the trial Court by the judgment dated 11.09.2025 for the offences under Sections 7, 13(2) r/w 13(1)(d) of the Prevention of Corruption Act (hereinafter 'PC Act') and sentenced to undergo two years rigorous imprisonment and to pay a fine of Rs.2,000/-, in default, to undergo two months simple imprisonment, for the offence under Section 7 of PC Act and sentenced to undergo three years rigorous imprisonment and to pay a fine of Rs.3,000/-, in default, to undergo three months simple imprisonment, for the offences under Sections 13(2) r/w 13(1)(d) of PC Act. Aggrieved against the same, the petitioner preferred the above appeal along with the instant miscellaneous petition seeking suspension of sentence and bail. 2.The contention of the learned counsel for petitioner is that the petitioner has been falsely implicated in this case on a motivated complaint given by the de-facto complainant. The petitioner was employed as Special 2/6
Tahsildar (Stamps) and reference was made to him by the Sub Registrar Office under Section 47-A of the Act justifying for deficit stamp duty. The petitioner is only a recommending authority and he recommended on 11.03.2014, which was sent to the Special Deputy Collector (Stamps). In this case, the trap alleged to have taken place on 23.03.2014. On that day the petitioner was in election duty in the ground floor and the amount said to have been recovered from the petitioner's trunk box available in the petitioner's office room at the third floor. These facts not considered by the trial Court. He further submitted that the petitioner already paid the fine amount and the sentence imposed on the petitioner has been suspended by the trial Court till 10.10.2025. Hence, he prayed for granting suspension of sentence to the petitioner.
3.The learned Additional Public Prosecutor on the other hand submitted that during trial, on the side of the prosecution PW1 to PW23 examined, Exs.P1 to P46 marked and M.O.1 to M.O.3 produced. On the side 3/6
of the defence, DW1 to DW3 examined and Exs.D1 to D9 marked. The trial Court on the evidence and materials produced, had rightly convicted the petitioner. He further submitted that the trial Court suspended the sentence of the petitioner till 10.10.2025.
4.Considering the fact that there are substantial grounds raised in the above appeal, which requires consideration and the sentence imposed on the petitioner already suspended by the trial Court and the appeal is not likely to be taken up in the near future, this Court is inclined to grant the relief of suspension of sentence to the petitioner.
5.Accordingly, the substantive sentence of Imprisonment imposed on the petitioner is suspended till the disposal of the appeal and he is ordered to be enlarged on bail, on condition that he shall 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 trial Court.
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6.Further, the petitioner shall appear before the Trial Court once in six months at 10.30 a.m. on the first working day of the month, until the disposal of the appeal and if he is not able to appear before the Trial Court on that 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. 7.Accordingly, this Criminal Miscellaneous Petition is ordered. 26.09.2025 (2/2) rsi 5/6
M. NIRMAL KUMAR, J.
rsi To 1.The Special Judge, Special Court for Trial of Cases under Prevention of Corruption Act, Salem.
2.The Inspector of Police, Vigilance and Anti-Corruption, Salem.
3.The Public Prosecutor, High Court, Madras.
in Crl.A.No.1510 of 2025 26.09.2025 (2/2) 6/6