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2026 DAILYLAW 47903 (MAD)

L.Thangavel v. The State of Tamilnadu, rep by The Inspector of Police

CRL MP(MD)/13504/2026 · 2026-07-09

B Pugalendhi

Criminal Appealbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Crl.MP(MD) No.13504 of 2026 in Crl.A(MD) No.789 of 2026 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :09.07.2026 CORAM: THE HONOURABLE MR.JUSTICE B.PUGALENDHI Crl.M.P.(MD)No.13504 of 2026 in Crl.A.(MD)No.789 of 2026 L.Thangavel ... Petitioner Vs. State of Tamil Nadu, Rep by the Inspector of Police, Vigilance and Anti-Corruption, Trichy. Crime No.6/2007 ... Respondent Prayer: Petition filed under Section 430(1) of BNSS to suspend the sentence and grant bail to the petitioner / appellant against the Judgment dated 17.06.2026 in Spl.C.C.No.20 of 2014 on the file of the Special Court for Vigilance and Anti-Corruption cum the District and Sessions Judge, Karur in Crime No.6 of 2007 on the file of the respondent police pending disposal of the instant Criminal Appeal. For Petitioner : Mr.T.Lajapathi Roy, senior counsel for Mrs.T.Seeni Syed Amma for M/s.Roy and Roy Associates For Respondent : Mr.A.Robinson, Government Advocate (Crl. Side) 1/8 https://www.mhc.tn.gov.in/judis Crl.MP(MD) No.13504 of 2026 in Crl.A(MD) No.789 of 2026 O R D E R The petitioner, an accused in Spl.C.C.No.20 of 2014, on the file of the Special Court for Vigilance and Anti-Corruption cum the District and Sessions Judge, Karur was found guilty by the trial Court and was convicted and sentenced as under:- Sl.No Sections Punishment Fine amount Default 1 120(B) IPC 4 years RI Rs.10,000/- 1 year SI 2 13(2) of PC Act r/w 109 IPC 4 years RI Rs.10,000/- 1 year SI 3 167 r/w 120(b) IPC 2 years RI Rs.10,000/- 6 months SI 4 468 IPC 4 years RI Rs.10,000/- 1 year SI 5 471 IPC 4 years RI Rs.10,000/- 1 year SI 6 419 IPC 2 years RI Rs.10,000/- 6 months SI 7 465 IPC 2 years RI Rs.10,000/- 6 months SI 8 468 r/w 120(b) IPC 4 years RI Rs.10,000/- 1 year SI 9 471 r/w 120(b) IPC 4 years RI Rs.10,000/- 1 year SI As against the conviction and sentence imposed by the trial Court in Spl.C.C.No.20 of 2014, dated 17.06.2026, the petitioner has filed a Criminal Appeal in Crl.A(MD)No.789 of 2026 and the same was admitted 2/8 https://www.mhc.tn.gov.in/judis Crl.MP(MD) No.13504 of 2026 in Crl.A(MD) No.789 of 2026 by this Court on 09.07.2026. The petitioner has also moved this application to suspend the sentence imposed on him by the trial Court. 2. The case of the prosecution is that, during the periods from May 2005 to February 2006, May 2005 to October 2005, and January 2006 to March 2006, A1 and A3 fabricated documents in the name of the Kovilpatti Society and used the same for the purpose of committing forgery. It is further alleged that A2, with the assistance of A3, supplied substandard materials, thereby causing loss to the Government and obtaining pecuniary advantage for themselves. Hence, the case. 3.1. The learned Senior Counsel appearing for the petitioner submits that the petitioner is a furniture supplier. The allegation against him is that he conspired with A1 and A2 and supplied substandard materials to the A.D.W. Boys Hostel, Government Arts College, Karur. By referring to the evidence of the Headmaster and other staffs of the Adi Dravidar Welfare Department, the learned Senior Counsel submits that the concerned officials have categorically stated that the furniture supplied are in workable condition. However, the Trial Court convicted the petitioner 3/8 https://www.mhc.tn.gov.in/judis Crl.MP(MD) No.13504 of 2026 in Crl.A(MD) No.789 of 2026 solely on the allegation that he had forged the signature of PW18, the then President of the Society. 3.2. According to the learned Senior Counsel, the then Vice President of the Society was prosecuted as A2, while the petitioner was initially shown as a witness. However, on the allegation that this petitioner's signature was found in the quotation, the petitioner was subsequently arrayed as A3. Referring to the evidence of the Investigating Officer, the learned Senior Counsel submits that the specimen signature of the petitioner was not obtained before the concerned Judicial Magistrate for comparison. Therefore, according to him, the materials relied upon by the investigating agency are not admissible in law. Nevertheless, the petitioner came to be convicted as stated above. 4. The learned Government Advocate appearing for the respondent opposed this petition on the ground that the petitioner, in connivance with A1 and A2, supplied substandard materials. The Trial Court, having found the role played by the petitioner along with A1 and A2, convicted him. It is submitted that A2 was the then Vice President of 4/8 https://www.mhc.tn.gov.in/judis Crl.MP(MD) No.13504 of 2026 in Crl.A(MD) No.789 of 2026 the erstwhile Society and PW18 was its President. However, the quotation was prepared in the name of PW18 by this petitioner for the purpose of obtaining the work order. 5. At this juncture, the learned Senior Counsel further points out that the petitioner is aged about 77 years and has been in custody from the date of conviction i.e., from 17.06.2026. It is also submitted that the petitioner's wife is suffering from cancer and that he is the only person available to take care of her. 6. This Court has considered the rival submissions made on either side and also perused the materials placed on record. 7. The petitioner is aged about 77 years and his wife is suffering from serious ailments. The petitioner has raised certain arguable points, which can be considered only at the time of final hearing of the appeal. However, the appeal could not be taken up for final hearing for want of time. Considering the above circumstances, the period of incarceration already undergone by the petitioner, and the fact that the appeal could not 5/8 https://www.mhc.tn.gov.in/judis Crl.MP(MD) No.13504 of 2026 in Crl.A(MD) No.789 of 2026 be taken up immediately, this Court is inclined to suspend the sentence imposed on the petitioner. 8. Accordingly, the substantive sentence of imprisonment alone is suspended pending disposal of the criminal appeal and the petitioner is ordered to be enlarged on bail on the following conditions:- 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 Court for Vigilance and Anti-Corruption cum the District and Sessions Judge, Karur. ii. The petitioner and the sureties shall submit a copy of their Aadhaar Card or any other identity card issued by the Government in proof of their residence address, before the trial Court as well as before the respondent Police. In the event, if there is any change of address, the same shall be intimated to the respondent Police without fail. iii. The petitioner shall report before the Special Court for Vigilance and Anti-Corruption cum the District and Sessions Judge, Karur, 6/8 https://www.mhc.tn.gov.in/judis Crl.MP(MD) No.13504 of 2026 in Crl.A(MD) No.789 of 2026 on the first working day of every English Calender month at 10.30 a.m., till the disposal of the appeal. iv. In the event, if the petitioner has violated any of the above conditions, it is open to the respondent police to file an application to cancel the bail granted to him. 09.07.2026 (2/2) mbi To 1.The Special Court for Vigilance and Anti-Corruption cum the District and Sessions Judge, Karur. 2.The Inspector of Police, Vigilance and Anti-Corruption, Trichy. 3.The Superintendent, Central Prison, Trichy. 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 7/8 https://www.mhc.tn.gov.in/judis Crl.MP(MD) No.13504 of 2026 in Crl.A(MD) No.789 of 2026 B.PUGALENDHI, J., mbi Crl.MP(MD) No.13504 of 2026 in Crl.A(MD) No.789 of 2026 09.07.2026 (2/2) 8/8 https://www.mhc.tn.gov.in/judis