M.Chellam v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02-07-2025
CORAM
THE HONOURABLE DR JUSTICE R.N.MANJULA in CRL A(MD) No. 717 of 2025 M.Chellam Petitioner/Appellant/4th Accused Vs The State of Tamil Nadu Rep., by The Deputy Superintendent of Police, Vigilance and Anti Corruption Department, Pudukottai District. Crime No. 09/1989 Respondent/Complainant For Petitioner(s):
Mr.V.Pandiyan For Respondent(s):
Mr.R.Meenakshi Sundaram Additional Public Prosecutor
ORDER
The Criminal Miscellaneous Petition is filed to suspend the execution of sentence of imprisonment imposed on the petitioner by the learned Chief Judicial 1/4
Magistrate, Pudukkottai, dated 28.03.2025 in Special C.C.No.03/1997, till the disposal of appeal.
2. The case of the prosecution is that between the period from 1985 to 1987, the Government undertook a dam construction project in Thirumayam Taluk with a sanctioned budget of Rs.29.75 lakhs. A portion of the workforce payments was made through grain distribution (rice/wheat) and daily wages. The appellant (4th accused), a government-appointed supervisor, was tasked with maintaining wage records and managing the labour force. Thereafter, the allegations emerged against the appellant that he has falsified wage and attendance records using forged thumb impressions, misappropriated public funds meant for labour wages, used substandard construction materials, and caused financial and structural irregularities in the project. The accused has been charged for the offence under Sections 120(b), 167, 409, 420, 467, 468, 471, 477(A) of IPC and 5(2), r/w 5(1) (c) and (d) of the Prevention of Corruption Act, 1947.
3. The petitioner is the fourth accused, who has been found guilty and convicted by the trial Court for the offences under Section 120(b), 167, 409, 420, 467, 477(A) of IPC and 5(2), r/w 5(1) (c) and (d) of the Prevention of Corruption Act, 1947. The petitioner has been imposed with the maximum punishment of Simple Imprisonment for two years and that has been ordered to run concurrently with the 2/4
sentence of imprisonment imposed for other offences. Thereafter, the sentence imposed against the petitioner has been suspended by the trial Court till 03.07.2025. The co-accused had filed an appeal in Crl.A(MD).No.570 of 2025 and it has been admitted and the sentence imposed against the said accused has also been suspended.
4. The learned Additional Public Prosecutor appearing for the State submitted that initially the trial Court has extended the suspension of sentence of imprisonment imposed on the petitioner till 28.04.2025 and thereafter, the same was extended till 03.07.2025. He further submitted that the trial Court ought not to have extended the suspension of sentence beyond the first spell, but the extention have been given, considering the fact that a co-accused has already been released on bail.
5. As the sentence imposed on the co-accused has been suspended vide orders of this Court dated 09.05.2025 in Cr.M.P.No.6461 of 2025 in Crl.A(MD).No.570 of 2025, I feel that the same shall be extended to this appellant also.
6. Accordingly, this Criminal Miscellaneous Petition is allowed. The substantive part of the sentence of imprisonment alone is suspended on the following conditions:
i. that 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 3/4
satisfaction of the learned Chief Judicial Magistrate, Pudukkkottai; ii. that the petitioner shall appear before the said Court once in a month (i.e., on the first working day of every English Calender month) at 10.30 a.m. till the disposal of appeal.
sd/- 02/07/2025 / TRUE COPY / /07/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
Rmk To
1. The Chief Judicial Magistrate, Pudukkottai. 2.The Deputy Superintendent of Police, Vigilance and Anti Corruption Department, Pudukottai District.
3 The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
ORDER
IN in CRL A(MD) No. 717 of 2025 Date :02/07/2025 MK/03.07.2025 4P/4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4