High Court · 2025

CRL MP NO. 2576 of 2025in CRL A NO. 179 OF 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 17-02-2025CORAMTHE HONOURABLE MR JUSTICE M. NIRMAL KUMARCRL MP NO. 2576 of 2025INCRL A NO. 179 OF 2025 B.BaskaranS/o Balaraman, No.14, 7th Cross Street, Anna Nagar East, Vellore Petitioner (s) VsThe State Of Tamil Nadu Rep By The Inspector Of PoliceVigilance And Anti Corruption Vellore Crime No.17 Of 2012 Respondent(s) PRAYER: Criminal Miscellaneous Petition has been filed under Section 430(2) of Cr.P.C. praying to suspend the order of sentence imposed as against the petitioner in judgment dated 30.01.2025 made in Special C.C.No.16 of 2024 passed by the learned Special Judge / Chief Judicial Magistrate, Vellore and grant bail to the petitioner pending disposal of the main appeal.For Petitioner(s): Mr.S. Sathish RajanFor Respondent(s): Mr.S.Udaya KumarGovernment Advocate (Crl. Side)Page 1 of 7 https://www.mhc.tn.gov.in/judis CRL MP NO. 2576 of 2025in CRL A NO. 179 OF 2025 ORDERThis Criminal Miscellaneous Petition has been filed to suspend the sentence imposed on the petitioner by the judgment dated 30.01.2025 passed in Spl.C.C.No.16 of 2014 by the learned Special Judge/Chief Judicial Magistrate, Vellore and grant bail to the petitioner pending disposal of the above criminal appeal.2. The petitioner/Accused in Spl.C.C.No.16 of 2014 was convicted by the Trial Court by the judgment dated 30.01.2025 for the offences under Sections 7 and 13(2) r/w 13(1)(d) of Prevention of Corruption Act and sentenced to undergo 2 years rigorous imprisonment and to pay a fine of Rs.7,500/-, in default, to undergo simple imprisonment for three months for the offence under Section 7 of Prevention of Corruption Act and for the offence under Sections 13(2) r/w 13(1)(d) of Prevention of Corruption Act, sentenced to undergo 3 years rigorous imprisonment and to pay a fine of Rs.7,500/-, in default, to undergo simple imprisonment for three months. The sentences are directed to run concurrently. Aggrieved by the said conviction, the petitioner filed Crl.A.No.179 of 2025 before this Court along with the instant miscellaneous petition seeking suspension of sentence and bail.Page 2 of 7 https://www.mhc.tn.gov.in/judis CRL MP NO. 2576 of 2025in CRL A NO. 179 OF 2025 3.During trial, on the side of the prosecution, PW1 to PW13 examined and Exs.1 to 16 marked. On the side of the defence, DW1 and DW2 examined and no documents marked and material objects M.O.1 to M.O.5 marked. On conclusion of the trial, the Trial Court on the evidence of witnesses and the materials produced, convicted the petitioner as stated above.4.The petitioner was working as Junior Assistant, Grade-I Police, Vellore District. He is said to have demanded and received illegal gratification from the de-facto complainant. The contention of the petitioner is that the de-facto complainant was working as Headmaster in the Government Higher Secondary School at Keel Arasampattu Village, Vellore District. When the de-facto complainant was on the morning walk at Voorhees College Hostel ground, the petitioner is said to have demanded a sum of Rs.20,000/- as bribe amount for not taking any action on the complaints received against the de-facto complainant. The bribe amount is said to have received by the petitioner. In this case, initially, the accompanying witnesses have given a total contradictory version to that of the decoy, which fact has not been considered by the trial Court. The petitioner had also given an explanation that bribe amount was thrust to the petitioner. Page 3 of 7 https://www.mhc.tn.gov.in/judis CRL MP NO. 2576 of 2025in CRL A NO. 179 OF 2025 5.The learned Government Advocate (Crl. Side) on the other hand submitted that in this case the petitioner demanded a bribe amount of Rs.20,000/- on 31.07.2012. He made second demand on 01.08.2012 and the third demand was on 02.08.2012 through phone and the bribe amount was reduced from Rs.20,000/- to Rs.15,000/-. On 03.08.2012, the petitioner caught red-handed while receiving the bribe amount of Rs.15,000/-. In this case, on the side of the prosecution, 13 witnesses examined as PW1 to PW13 and marked Exs.P1 to P16 and marked material objects M.O.1 to M.O.5. On the side of the petitioner/defence, DW1 and DW2 examined and no documents marked. The trial Court had given a detailed and elaborate judgment discussing the defence taken by the petitioner and finding that prosecution has proved the case beyond reasonable doubt. He further submitted that the trial Court suspended the petitioner's sentence in Crl.M.P.No.1024 of 2024 till 27.02.2025 and the fine amount has been paid by the petitioner.6.Considering the fact that the sentence of imprisonment imposed on the petitioner has already been suspended by the trial Court and the fact that there are arguable points involved in this appeal and it would take some time for the Page 4 of 7 https://www.mhc.tn.gov.in/judis CRL MP NO. 2576 of 2025in CRL A NO. 179 OF 2025 appeal to be taken up for final hearing, this Court is inclined to suspend the sentence imposed on the petitioner.7.Accordingly, the substantive sentence of Imprisonment imposed on the petitioner is suspended till the disposal of the above 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.8.Further, the petitioner shall appear before the Trial Court on the first working day of every English Calendar month at 10.30 a.m., until the disposal of the criminal 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. 9.Accordingly, this Criminal Miscellaneous Petition is ordered. 17-02-2025(2/2)Page 5 of 7 https://www.mhc.tn.gov.in/judis CRL MP NO. 2576 of 2025in CRL A NO. 179 OF 2025 rsiPage 6 of 7 https://www.mhc.tn.gov.in/judis CRL MP NO. 2576 of 2025in CRL A NO. 179 OF 2025 M. NIRMAL KUMAR, J.rsiTo1.The Inspector Of Police, Vigilance And Anti Corruption, Vellore.2.The Special Judge / Chief Judicial Magistrate, Vellore.3.The Public Prosecutor, High Court, Madras.CRL MP NO. 2576 of 2025INCRL A NO. 179 OF 202517.02.2025Page 7 of 7

CRL MP NO. 2576 of 2025in CRL A NO. 179 OF 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 17-02-2025CORAMTHE HONOURABLE MR JUSTICE M. NIRMAL KUMARCRL MP NO. 2576 of 2025INCRL A NO. 179 OF 2025 B.BaskaranS/o Balaraman, No.14, 7th Cross Street, Anna Nagar East, Vellore Petitioner (s) VsThe State Of Tamil Nadu Rep By The Inspector Of PoliceVigilance And Anti Corruption Vellore Crime No.17 Of 2012 Respondent(s) PRAYER: Criminal Miscellaneous Petition has been filed under Section 430(2) of Cr.P.C. praying to suspend the order of sentence imposed as against the petitioner in judgment dated 30.01.2025 made in Special C.C.No.16 of 2024 passed by the learned Special Judge / Chief Judicial Magistrate, Vellore and grant bail to the petitioner pending disposal of the main appeal.For Petitioner(s): Mr.S. Sathish RajanFor Respondent(s): Mr.S.Udaya KumarGovernment Advocate (Crl. Side)Page 1 of 7 https://www.mhc.tn.gov.in/judis CRL MP NO. 2576 of 2025in CRL A NO. 179 OF 2025 ORDERThis Criminal Miscellaneous Petition has been filed to suspend the sentence imposed on the petitioner by the judgment dated 30.01.2025 passed in Spl.C.C.No.16 of 2014 by the learned Special Judge/Chief Judicial Magistrate, Vellore and grant bail to the petitioner pending disposal of the above criminal appeal.2. The petitioner/Accused in Spl.C.C.No.16 of 2014 was convicted by the Trial Court by the judgment dated 30.01.2025 for the offences under Sections 7 and 13(2) r/w 13(1)(d) of Prevention of Corruption Act and sentenced to undergo 2 years rigorous imprisonment and to pay a fine of Rs.7,500/-, in default, to undergo simple imprisonment for three months for the offence under Section 7 of Prevention of Corruption Act and for the offence under Sections 13(2) r/w 13(1)(d) of Prevention of Corruption Act, sentenced to undergo 3 years rigorous imprisonment and to pay a fine of Rs.7,500/-, in default, to undergo simple imprisonment for three months. The sentences are directed to run concurrently. Aggrieved by the said conviction, the petitioner filed Crl.A.No.179 of 2025 before this Court along with the instant miscellaneous petition seeking suspension of sentence and bail.Page 2 of 7 https://www.mhc.tn.gov.in/judis CRL MP NO. 2576 of 2025in CRL A NO. 179 OF 2025 3.During trial, on the side of the prosecution, PW1 to PW13 examined and Exs.1 to 16 marked. On the side of the defence, DW1 and DW2 examined and no documents marked and material objects M.O.1 to M.O.5 marked. On conclusion of the trial, the Trial Court on the evidence of witnesses and the materials produced, convicted the petitioner as stated above.4.The petitioner was working as Junior Assistant, Grade-I Police, Vellore District. He is said to have demanded and received illegal gratification from the de-facto complainant. The contention of the petitioner is that the de-facto complainant was working as Headmaster in the Government Higher Secondary School at Keel Arasampattu Village, Vellore District. When the de-facto complainant was on the morning walk at Voorhees College Hostel ground, the petitioner is said to have demanded a sum of Rs.20,000/- as bribe amount for not taking any action on the complaints received against the de-facto complainant. The bribe amount is said to have received by the petitioner. In this case, initially, the accompanying witnesses have given a total contradictory version to that of the decoy, which fact has not been considered by the trial Court. The petitioner had also given an explanation that bribe amount was thrust to the petitioner. Page 3 of 7 https://www.mhc.tn.gov.in/judis CRL MP NO. 2576 of 2025in CRL A NO. 179 OF 2025 5.The learned Government Advocate (Crl. Side) on the other hand submitted that in this case the petitioner demanded a bribe amount of Rs.20,000/- on 31.07.2012. He made second demand on 01.08.2012 and the third demand was on 02.08.2012 through phone and the bribe amount was reduced from Rs.20,000/- to Rs.15,000/-. On 03.08.2012, the petitioner caught red-handed while receiving the bribe amount of Rs.15,000/-. In this case, on the side of the prosecution, 13 witnesses examined as PW1 to PW13 and marked Exs.P1 to P16 and marked material objects M.O.1 to M.O.5. On the side of the petitioner/defence, DW1 and DW2 examined and no documents marked. The trial Court had given a detailed and elaborate judgment discussing the defence taken by the petitioner and finding that prosecution has proved the case beyond reasonable doubt. He further submitted that the trial Court suspended the petitioner's sentence in Crl.M.P.No.1024 of 2024 till 27.02.2025 and the fine amount has been paid by the petitioner.6.Considering the fact that the sentence of imprisonment imposed on the petitioner has already been suspended by the trial Court and the fact that there are arguable points involved in this appeal and it would take some time for the Page 4 of 7 https://www.mhc.tn.gov.in/judis CRL MP NO. 2576 of 2025in CRL A NO. 179 OF 2025 appeal to be taken up for final hearing, this Court is inclined to suspend the sentence imposed on the petitioner.7.Accordingly, the substantive sentence of Imprisonment imposed on the petitioner is suspended till the disposal of the above 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.8.Further, the petitioner shall appear before the Trial Court on the first working day of every English Calendar month at 10.30 a.m., until the disposal of the criminal 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. 9.Accordingly, this Criminal Miscellaneous Petition is ordered. 17-02-2025(2/2)Page 5 of 7 https://www.mhc.tn.gov.in/judis CRL MP NO. 2576 of 2025in CRL A NO. 179 OF 2025 rsiPage 6 of 7 https://www.mhc.tn.gov.in/judis CRL MP NO. 2576 of 2025in CRL A NO. 179 OF 2025 M. NIRMAL KUMAR, J.rsiTo1.The Inspector Of Police, Vigilance And Anti Corruption, Vellore.2.The Special Judge / Chief Judicial Magistrate, Vellore.3.The Public Prosecutor, High Court, Madras.CRL MP NO. 2576 of 2025INCRL A NO. 179 OF 202517.02.2025Page 7 of 7