High Court · 2025

CRL MP No. 23221 of 2025INCRL A NO. 1871 OF 2025IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 09-12-2025CORAMTHE HONOURABLE MR JUSTICE M. NIRMAL KUMARCRL MP No. 23221 of 2025INCRL A NO. 1871 OF 2025T.BaskaranS/O Thandavamurthy, Formerly Village Administrative Officer, Molachur Village, Sriperumbudur Taluk, Kancheepuram. Residing at No.4, Sampanthamurthy Avenue, Vandavasi Road, Sevilimedu, Kancheepuram District.Petitioner(s)/AccusedVsThe State Rep By, The Inspector of PoliceVigilance and Anti-Corruption, Kancheepuram. Crime No.02/AC/2015/KM)Respondent(s)CRL A No. 1871 of 20251. T.BaskaranS/O Thandavamurthy, Formerly Village Administrative Officer, Molachur Village, Sriperumbudur Taluk, Kancheepuram. Residing at. no.4,m Sampanthamurthy Avenue, Vandavasi Road, Sevilimedu, Kancheepuram District.Appellant(s)1/6 https://www.mhc.tn.gov.in/judis CRL MP No. 23221 of 2025INCRL A NO. 1871 OF 2025Vs1. The State Rep By, The Inspector of PoliceVigilance and Anti-Corruption, Kancheepuram. Crime No.02/AC/2015/KM)Respondent(s)PRAYER: Criminal Miscellaneous Petition filed under Section 430(1) of BNSS praying to suspend the sentence and enlarge the petitioner on bail connected in Special Sessions Case No.16 of 2025 on the file of the learned Principal District and Sessions Judge, Kancheepuram.For Petitioner : Mr.P.Ezhil NilavanFor Respondent : Mr.S.Udaya Kumar Government Advocate (Crl. Side) O R D E RThis Criminal Miscellaneous Petition has been filed to suspend the sentence imposed on the petitioner and enlarge the petitioner on bail connected in Special Sessions Case No.16 of 2025 on the file of the learned Principal District and Sessions Judge, Kancheepuram, pending disposal of the above criminal appeal.2. The petitioner/Accused in Spl.S.C.No.16 of 2025 was convicted by the Trial Court by the judgment dated 26.11.2025 for the offences under Sections 7 and 13(2) r/w 13(1)(d) of Prevention of Corruption Act (‘PC Act’), and sentenced to undergo 4 years rigorous imprisonment and to pay a fine of 2/6 https://www.mhc.tn.gov.in/judis CRL MP No. 23221 of 2025INCRL A NO. 1871 OF 2025Rs.5,000/-, in default, to undergo three months simple imprisonment, for the offence under Section 7 of PC Act and sentenced to undergo 4 years rigorous imprisonment and to pay a fine of Rs.5,000/-, in default, to undergo three months simple imprisonment, for the offence under Sections 13(2) r/w 13(1)(d) of PC Act. The sentences are directed to run concurrently. Aggrieved by the said conviction, the petitioner filed Crl.A.No.1871 of 2025 before this Court along with the instant miscellaneous petition seeking suspension of sentence and bail.3.The contention of the learned counsel for petitioner is that the petitioner is a Village Administrative Officer in Molachur Village, Sriperumpudur Taluk. There was some dispute between PW2/decoy with his sister/PW12 and another brother DW3 with regard to inheritance and division of the property among them. The case projected is that the petitioner demanded Rs.5,000/- as bribe amount for change of patta. Since there was a dispute among the siblings, the petitioner was directed to cause enquiry and send a report, which the petitioner duly complied with and the patta was issued. It is for the de-facto complainant to approach the concerned Tahsildar and get the patta. Now the procedure is once change in patta is made it is uploaded in the website and the de-facto complainant can download the same. Since PW2 was under the impression that petitioner supported his brother/DW3, he was falsely implicated in this case. Further three demands projected against the petitioner. First demand is 15 days 3/6 https://www.mhc.tn.gov.in/judis CRL MP No. 23221 of 2025INCRL A NO. 1871 OF 2025prior to 10.03.2015, the second demand was on 10.03.2015 and the third demand was on 16.03.2015. Thereafter the complaint was said to have been lodged and the trap was said to have been taken place on 17.03.2015. PW2/ de-facto complainant gives contradictory version with regard to the date and time of earlier demands and PW3, the accompanying official witness toe the line as per the prosecution. PW14/Trap Laying Officer not considered the motive and ensured that the trap is some how completed. These facts not considered by the trial Court. Hence, prayed for granting suspension of sentence to the petitioner.4.The learned Government Advocate (Crl. Side) appearing for the respondent Police submitted that the bribe amount recovered from the shirt pocket of the petitioner and the phenolphthalein test confirmed the same, for which, there is no explanation given by the petitioner. He further submitted that during trial, on the side of the prosecution, PW1 to PW17 examined, Exs.P1 to P29 marked and M.O.1 to M.O.5 produced. On the side of the defence, DW1 to DW3 examined and Exs.D1 to D6 marked. The trial Court on the evidence of witnesses and materials produced had rightly convicted the petitioner.5.Considering the submissions made on either side and further taking note of the fact that there are arguable points involved in this appeal and it would 4/6 https://www.mhc.tn.gov.in/judis CRL MP No. 23221 of 2025INCRL A NO. 1871 OF 2025take some time for the appeal to be taken up for final hearing, this Court is inclined to suspend the sentence imposed on the petitioner.6.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.7.Further, the petitioner shall appear before the Trial Court once in three months, on the first working day of a 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. 8.Accordingly, this Criminal Miscellaneous Petition is ordered. 09.12.2025Index : Yes/NoInternet : Yes/NoSpeaking order/Non speaking orderNeutral citation : Yes/No rsiNote: Issue order copy on 10.12.2025.5/6 https://www.mhc.tn.gov.in/judis CRL MP No. 23221 of 2025INCRL A NO. 1871 OF 2025M. NIRMAL KUMAR, J.rsiTo1.The Principal District and Sessions Judge, Kancheepuram. 2.The Inspector of Police, Vigilance and Anti-Corruption, Kancheepuram. 3.The Superintendent, Central Prison, Puzhal, Chennai.4.The Public Prosecutor High Court, Madras.CRL MP No. 23221 of 2025INCRL A NO. 1871 OF 202509.12.20256/6