B.Muthukumar v. The State Of Tamilnadu, Rep. By The Inspector Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.05.2026

CORAM

THE HONOURABLE MRS JUSTICE S.SRIMATHY CRL MP(MD) No.9735 of 2026 in CRL A(MD) No.548 of 2026 B.Muthukumar ... Petitioner Vs.

The State Of Tamil Nadu, Rep by The Inspector of Police, Vigilance and Anti-Corruption Unit, Tiruchirappalli, Tiruchirappalli District.

Crime No.19 of 2009.

... Respondent PRAYER:- To enlarge the petitioner on bail by suspending the sentence imposed upon in Special Case No.25 of 2011 on the file of the learned Special Judge for Vigilance and Anti Corruption cases, Tiruchirappalli, Tiruchirappalli District by Judgment dated 29.04.2026 pending disposal of the criminal appeal. For Petitioner : M/s.M.Shunmalar For Respondent : Mr.A.S.Abul Kalaam Azad Government Advocate (Crl.Side) 1/6

ORDER

This criminal miscellaneous petition has been filed, praying to suspend the sentence imposed upon the petitioner by the learned Special Judge for Vigilance and Anti Corruption cases, Tiruchirappalli, Tiruchirappalli District in Spl.C.No.25 of 2011 dated 29.04.2026.

2. Learned counsel for the petitioner would submit that the petitioner was convicted by the learned Special Judge for Vigilance and Anti Corruption cases, Tiruchirappalli, Tiruchirappalli District for the offences punishable under Sections 7, 13(2) r/w 13(1)(d) of Prevention of Corruption Act, 1988 in Spl.C.No.25 of 2011 dated 29.04.2026 and sentenced as follows:- (i) to undergo two years rigorous imprisonment and to pay a fine of Rs.10,000/-, in default to undergo three months simple imprisonment, for offence under Section 7 of Prevention of Corruption Act, 1988; (ii) to undergo two years rigorous imprisonment and to pay a fine of Rs.10,000/-, in default to undergo three months simple imprisonment, for offence under Section 13(2) r/w 13(1)(d) of Prevention of Corruption Act, 1988;

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3. Challenging the above conviction and sentence, petitioner has filed Criminal Appeal in Crl.A(MD)No.548 of 2026 before this Court along with the instant miscellaneous petition seeking suspension of sentence and bail.

4. The learned counsel for the petitioner submitted that there are several infirmities in the prosecution case and also there are contradictions in material particulars between the evidence of the prosecution witnesses. He further submitted that the trial Court has already suspended the sentence for a period of one month by an order dated 29.05.2026 in Cr.M.P.No.186 of 2026.

5. This Court has carefully considered the rival contentions put forward by either side and also perused the materials available on record.

6. Considering the fact that there are arguable points raised in appeal and taking into consideration, facts and circumstances of the case and that it is likely to take a while before the appeal is finally heard, this Court is inclined to grant suspension of sentence and bail, on the following conditions:- 3/6

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 Special Judge for Prevention of Corruption Act Cases, Tiruchirappalli;

ii) Petitioner and sureties shall affix their photographs and Left Thumb Impression in the bond and the above said Court may obtain a copy of their Aadhaar card or Bank pass Book to ensure their identity; iii) Petitioner shall appear and sign before the learned Special Judge for Vigilance and Anti Corruption cases, Tiruchirappalli, Tiruchirappalli District, on the first working day of every English calendar month at 10.30 a.m., until further orders;

iv) In case, petitioner is not able to appear before the said Court on any day, he shall make arrangements to file an application under Section 317 Cr.P.C. (corresponding to 355 B.N.S.S) and shall appear before the said Court on any other day in lieu of the date of his absence, as directed by the said Court.

7. Accordingly, this Criminal Miscellaneous Petitions is ordered. 07.05.2026 (1/2) rgm 4/6

To

1. The Special Judge for Vigilance and Anti Corruption cases, Tiruchirappalli, Tiruchirappalli District

2. The Inspector of Police, Vigilance and Anti-Corruption Unit, Tiruchirappalli, Tiruchirappalli District.

Crime No.19 of 2009.

3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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S.SRIMATHY, J., rgm CRL MP(MD) No.9735 of 2026 in CRL A(MD) No.548 of 2026 07.05.2026 (1/2) 6/6