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2026 DAILYLAW 58930 (MAD)

T.S.Murthy v. State Represented by The Inpsector of Police

CRL MP/13731/2026 · 2026-07-30

G K Ilanthiraiyan

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

CRL MP No. 13731 of 2026 __________ Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 30-07-2026 CORAM THE HON'BLE MR JUSTICE G.K. ILANTHIRAIYAN CRL MP No. 13731 of 2026 IN CRL A NO. 930 OF 2026 T.S.Murthy S/o. Subbaiah, Formerly Temporary Junior Assistant, Mambalam-Guindy Taluk Office, Chennai Now residing at Pudhupattu Colony, Pallipattu Post, Thiruvalur District. ..Petitioner(s) Vs State Represented by The Inspector of Police Vigilance and Anti-corruption Chennai. Crime No.07/AC/2011/HQ. ..Respondent(s) PRAYER: Criminal Miscellaneous Petition filed under Section 389(1) of Cr.P.C., to suspend the order of sentence imposed in Judgment dated 18.05.2026 passed in C.C.No.1 of 2013 on the file of Special Court for Prevention of Corruption Act Cases, Chennai, and enlarge the petitioner/appellant on bail, pending disposal of the above appeal and thus render Justice. For Petitioner(s): Mr.R.Sankarakutralingam For Respondent(s): Mr.R.Ganesh Kumar Counsel for Government https://www.mhc.tn.gov.in/judis CRL MP No. 13731 of 2026 __________ Page2 of 6 ORDER This Criminal Miscellaneous Petition has been filed by the petitioner, seeking suspension of sentence imposed by the learned Special Court for Prevention of Corruption Act Cases, Chennai, in C.C.No.1 of 2013 dated 18.05.2026, and enlarge the petitioner on bail pending disposal of the above appeal. 2. The petitioners herein is the accused in 18.05.2026 on the file of the learned Special Court for Prevention of Corruption Act Cases, Chennai. He was found guilty of the offence under Sections 7, 13(2) read with Section 13(1) (d) of Prevention of Corruption Act, 1988 and he has been convicted and sentenced as under: S.No. Conviction Sentence 1 Section 7 of Prevention of Corruption Act, 1988 to undergo R.I for one year and shall pay a fine of Rs.1000/- and in default to undergo S.I for 3 months 2 Section 13(2) read with Section 13(1)(d) of Prevention of Corruption Act, 1988 To undergo R.I for two years and shall pay a fine of Rs.1000/- in default to undergo S.I for 3 months https://www.mhc.tn.gov.in/judis CRL MP No. 13731 of 2026 __________ Page3 of 6 Aggrieved against the same, the petitioners have filed an 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 petitioners is ready to abide the condition imposed by this Court. 4. Per contra, the learned Government Counsel 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. https://www.mhc.tn.gov.in/judis CRL MP No. 13731 of 2026 __________ Page4 of 6 6. Considering the facts and circumstances of the case coupled with the quantum of punishment imposed upon the petitioners, also by considering the submissions of the learned counsel for the petitioners and the learned Government Advocate (Crl. 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 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 Special Court for Prevention of Corruption Act Cases, Chennai (b) The petitioners/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 petitioners shall appear before the Trial Court on the first working day of every English https://www.mhc.tn.gov.in/judis CRL MP No. 13731 of 2026 __________ Page5 of 6 Calendar month at 10.30 a.m., until the disposal of the appeal and if she is not able to appear before the trial Court on any day, she 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. 30-07-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No SMA To 1. Special Court for Prevention of Corruption Act Cases, Chennai 2. The Inpsector of Police Vigilance and Anti-corruption Chennai. 3. The Public Prosecutor, Madras High Court https://www.mhc.tn.gov.in/judis CRL MP No. 13731 of 2026 __________ Page6 of 6 G.K.ILANTHIRAIYAN, J. SMA CRL MP No. 13731 of 2026 IN CRL A NO. 930 OF 2026 30-07-2026 https://www.mhc.tn.gov.in/judis