Crl.M.P.No.11584 of 2026 in Crl.A.No. 805 of 2026 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 06.07.2026 CORAM: THE HON'BLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.M.P.No.11584 of 2026 in Crl.A.No.805 of 2026 K.Kannan ...Petitioner Vs. The State, Rep. By The Inspector of Police, Vigilance and Anti Corruption, Cuddalore. Crime No.11 of 2013 ... Respondent PRAYER: Criminal Miscellaneous Petition filed under Section 415 (2) of BNSS, 2023 to suspend the sentence passed in Special Calendar Case No.41 of 2025 dated 05th June 2026 on the file of the Principal Sessions Judge, Cuddalore District. https://www.mhc.tn.gov.in/judis Crl.M.P.No.11584 of 2026 in Crl.A.No. 805 of 2026 For Petitioner : Mr. K.Mohanamurali For Respondents : Mr.R.Ganesh Kumar Counsel for Government of Tamil Nadu. ORDER This Criminal Miscellaneous Petition has been filed by the petitioner, seeking suspension of sentence imposed by the learned Principal Sessions Judge, Cuddalore District, in Spl.C.No. 41 of 2025 dated 05.06.2026, and enlarge the petitioner on bail pending disposal of the above appeal. 2. The petitioner herein is the accused in Spl.C.No. 41 of 2025 of 05.06.2026 on the file of the learned Principal Sessions Judge, Cuddalore District. He was found guilty of the offences under Sections 12 read with Section 7 & Section 13(2) read with Section 13(1)(d) of Prevention of Corruption Act, 1988 and he has been convicted and sentenced as under: Accused Conviction Sentence A2 12 read with Section 7 & Section 13(2) read with Section 13(1)(d) of Prevention of Corruption Act, 1988 To undergo 3 years RI and each to pay a fine of Rs.5,000/- ( i/d of payment of fine, to undergo further 3 months simple imprisonment. Page 2 of 6 https://www.mhc.tn.gov.in/judis Crl.M.P.No.11584 of 2026 in Crl.A.No. 805 of 2026 Aggrieved by the same, the petitioner have filed this appeal along with the present miscellaneous petition. 3. The learned counsel for the petitioner/accused would submit that there are arguable points available in the Criminal Appeal and the petitioner/accused have got a fair chance of succeeding in the Criminal Appeal and hence, the substantive sentence imposed against the petitioner/accused may be suspended. He would submit that the petitioner is ready to abide the condition imposed by this Court. 4. Per contra, the learned Counsel for Government appearing for the respondent/State raised serious objection for allowing this petition. Further, he would contend that the evidences recorded from the prosecution witnesses would prove the case of the prosecution beyond reasonable doubt. According to him, interference of this Court is not necessary in the findings arrived at by the trial Court. 5. Heard the learned counsel appearing on either side and also perused the materials placed on record. Page 3 of 6 https://www.mhc.tn.gov.in/judis Crl.M.P.No.11584 of 2026 in Crl.A.No. 805 of 2026 6. Considering the facts and circumstances of the case coupled with the quantum of punishment imposed upon the petitioner, also by considering the submissions of the learned counsel for the petitioner and the learned Government Counsel appearing for the respondent police, further this criminal appeal is not likely to be taken for final hearing in the near future, this Court is of the view that the substantive sentence of imprisonment alone can be suspended on certain conditions. 7. Accordingly, till the disposal of the Criminal Appeal, the substantive sentence of imprisonment imposed by the learned trial Judge is alone suspended and bail are granted on the following conditions: (a) The petitioner/accused are ordered to be released on bail, on their executing a separate 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 Principal Sessions Judge, Cuddalore District. (b) The petitioner/accused and the sureties shall affix their photographs and Left Thumb Impressions in the surety bonds and the Magistrate may obtain a copy of their Aadhaar Cards or Bank Pass Books to ensure their identities. Page 4 of 6 https://www.mhc.tn.gov.in/judis Crl.M.P.No.11584 of 2026 in Crl.A.No. 805 of 2026 (c) 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 there are not able to appear before the trial Court on any day, they 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. With the above directions, this Criminal Miscellaneous Petition is ordered. 06.07.2026 (½) Index : Yes/No Neutral citation : Yes/No Speaking/non-speaking order https://www.mhc.tn.gov.in/judis Crl.M.P.No.11584 of 2026 in Crl.A.No. 805 of 2026 G.K.ILANTHIRAIYAN, J. Sma To 1. Principal Sessions Judge, Cuddalore District 2. The Inspector of Police, Vigilance and Anti Corruption, Cuddalore. 3. The Public Prosecutor, Madras High Court, Chennai. Crl.M.P.No. 11584 of 2026 in Crl.A.No. 805 of 2023 06.07.2026 (½) https://www.mhc.tn.gov.in/judis