Research › Search › Judgment

Madras High Court · body

2026 DAILYLAW 56281 (MAD)

N.Kandasamy v. State Represented by The Inspector of Police

CRL MP/13420/2026 · 2026-07-28

G K Ilanthiraiyan

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

CRL MP No. 13420 of 2026 __________ Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 28-07-2026 CORAM THE HON'BLE MR JUSTICE G.K. ILANTHIRAIYAN CRL MP No. 13420 of 2026 in CRL A No. 913 of 2026 N.Kandasamy ..Petitioner Vs State Represented by The Inspector of Police Viligance and Anti Corruption, Cuddalore Crime No.10 of 2019. ..Respondent Prayer : Criminal Miscellaneous Petition filed under Section 389(1) of the Criminal Procedure Code / 430 of Bharatiya Nagarik Suraksha Sanhita, 2023, to pass an order suspending the sentence passed against the petitioner in special Case No.4 of 2020 dated 10.07.2026 on the file of the Special Judge, Special Court for Prevention of Corruption Cases, Villupuram and enlarge the Petitioner on bail subject to such conditions that may be imposed by this Court. For Petitioner: Mr.R.Natarajan For Respondent: Mr.R.Ganesh Kumar Counsel for Government of Tamil Nadu (Criminal Side) ORDER This Criminal Miscellaneous Petition has been filed by the petitioner, seeking suspension of sentence imposed by the learned Special Judge, Special https://www.mhc.tn.gov.in/judis CRL MP No. 13420 of 2026 __________ Page2 of 6 Court for Prevention of Corruption Cases, Villupuram, in Special Case No.4 of 2020 dated 10.07.2026, and enlarge the petitioner on bail pending disposal of the above appeal. 2. The petitioner is an accused in Special Case No.4 of 2020 on the file of the learned Special Judge, Special Court for Prevention of Corruption Cases, Villupuram. He was found guilty of the offences under Section 12 read with Section 7 of the Prevention of Corruption Act, 1988 and he has been convicted and sentenced to undergo three years rigorous imprisonment and to pay a fine of Rs.1,000/-, in default to undergo simple imprisonment for a period of three months. Aggrieved by the same, the petitioner has 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 of Tamil Nadu (Criminal Side) appearing for the respondent/State raised serious objection for https://www.mhc.tn.gov.in/judis CRL MP No. 13420 of 2026 __________ Page3 of 6 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. 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 Counsel for Government of Tamil Nadu (Criminal Side) 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 is ordered to be released on bail, on his executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties each for a like sum to the https://www.mhc.tn.gov.in/judis CRL MP No. 13420 of 2026 __________ Page4 of 6 satisfaction of the learned Special Judge, Special Court for Prevention of Corruption Cases, Villupuram. (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. (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. 28-07-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No LPP https://www.mhc.tn.gov.in/judis CRL MP No. 13420 of 2026 __________ Page5 of 6 To 1. The Special Judge, Special Court for Prevention of Corruption Cases, Villupuram. 2.The Inspector of Police Viligance and Anti Corruption, Cuddalore 3.The Public Prosecutor, High Court, Madras. https://www.mhc.tn.gov.in/judis CRL MP No. 13420 of 2026 __________ Page6 of 6 G.K.ILANTHIRAIYAN J. LPP CRL MP No. 13420 of 2026 in CRL A No. 913 of 2026 28-07-2026 https://www.mhc.tn.gov.in/judis