Madras High CourtCRL MP(MD)/6444/2025ordered

R.K Kanagaraj v. The State Of Tamilnadu

2025-05-09Honourable Mr.Justice R.Sakthivel5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09-05-2025

CORAM

THE HONOURABLE MR.JUSTICE R.SAKTHIVEL in CRL A(MD) No. 562 OF 2025 R.K Kanagaraj S/o.Karuppaiah, 3/925, Rajapatti, Alangulam Post, Vembakottai Taluk, Virudhunagar District.

Petitioner(s) Vs The State of Tamilnadu Rep by The Inspector of Police, Vigilance and Anti Corruption Wing, Virudhunagar District. Crime No.1/2012. Respondent(s) For Petitioner(s):

Mr.I.Pinaygash For Respondent(s):

Mr.S.S.Manoj Government Advocate (Crl.side)

ORDER

This petition has been filed under Section 430(1) of BNSS, 2023, praying to suspend the sentence imposed in Special Calendar Case No.45 of 2014, dated 22.04.2025, passed by the learned Special Judge for trial of Cases under the Prevention of Corruption Act cum Chief Judicial Magistrate, Virudhunagar District at Srivilliputhur and to grant bail to the petitioner, pending disposal of the Criminal Appeal.

1/5

2.The case of the prosecution is that on 03.01.2012, at about 11.00 am., the complainant/P.W2 presented a petition before the petitioner/sole accused seeking name transfer of the electricity connection bearing No.229-001-558 in her favour, which stands in the name of her father, namely, Venkatasamy Naidu. The petitioner returned the same directing the complainant to represent the same along with a attested copy of the settlement deed and also asking the complainant to pay a sum of Rs.1,500/- as bribe for effecting name transfer. Hence, the complaint. 3.The learned trial Judge, upon considering the evidence both oral and documentary and on hearing the arguments of both the sides, has passed a judgment dated 22.04.

2025, convicting the petitioner for the offences under Section 7 and 13(2) r/w 13 (1)(d) of Prevention of Corruption Act and sentenced him to undergo rigorous imprisonment for a period of two years for the offences under Section 7 of Prevention of Corruption Act and to pay a sum of Rs.5,000/- towards fine, in default, to undergo simple imprisonment for a period of six months and sentenced to undergo rigorous imprisonment for a period of three years for the offence under Sections 13(2) r/w 13 (1)(d) of Prevention of Corruption Act and to pay a sum of Rs.5,000/- towards fine, in default, to undergo simple imprisonment for a period of six months. 4.

suspended the sentence of the petitioner till 21.05.2025, in the light of Section 389(3) of Cr.P.C. He would further submit that in compliance of the judgment dated 22.04.2025, the petitioner paid a sum of Rs.10,000/- towards fine. 5.The learned Government Advocate (Crl.side) would fairly concede that the trial Court has suspended the sentence of the petitioner till 21.05.2025. 6.This Court has carefully considered the rival contentions putforth by either side and also perused the materials available on record. 7.Considering the fact that the trial Court has already suspended the sentence of the petitioner till 21.05.2025 and also considering the facts and circumstances of the case, this Court is of the prima facie view that the sentence is to be suspended pending this Criminal Appeal.

8.Accordingly, this Criminal Miscellaneous Petition is allowed. The sentence imposed by the learned Special Judge for trial of Cases under the Prevention of Corruption Act cum Chief Judicial Magistrate, Virudhunagar District at Srivilliputhur in Special Calendar Case No.45 of 2014 dated 22.04.2025 is suspended subject to the following conditions:- i) The petitioner shall execute a bond for a sum of Rs.25,,000/- (Rupees Twenty Five Thousand only) with two sureties each for a like sum to the satisfaction of the learned Special Judge for trial of Cases under the 3/5

Prevention of Corruption Act cum Chief Judicial Magistrate, Virudhunagar District at Srivilliputhur ii) The petitioner shall appear and sign before the Special Judge for trial of Cases under the Prevention of Corruption Act cum Chief Judicial Magistrate, Virudhunagar District at Srivilliputhur, on the first working day of every English calender month at 10.30 a.m., until further orders. iii) In case, the petitioner is unable to appear before the Court on the first working day of a month, he shall appear on the next working day. iv) The petitioner shall furnish his residential address and mobile number to the Special Judge for trial of Cases under the Prevention of Corruption Act cum Chief Judicial Magistrate, Virudhunagar District at Srivilliputhur. sd/- 09/05/2025 / TRUE COPY / /05/2025 Sub-Assistant Registrar (C.S. I / II / III / IV) Madurai Bench of Madras High Court, Madurai - 625 023.

MM TO 1 THE SPECIAL JUDGE FOR TRIAL OF CASES UNDER THE PREVENTION OF CORRUPTION ACT CUM CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR DISTRICT AT SRIVILLIPUTHUR.

4/5

2 THE INSPECTOR OF POLICE, VIGILANCE AND ANTI CORRUPTION WING, VIRUDHUNAGAR DISTRICT.

3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1 CC to M/s.I.PINAYGASH, Advocate ( SR-5481[I] dated 12/05/2025 )

ORDER

IN CRL MP(MD) No.6444 of 2025 in CRL A(MD) No. 562 OF 2025 Date :09/05/2025 SS/SAR- /13/05/2025/ 5P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5