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2026 DAILYLAW 62243 (MAD)

N.Thangavel v. The State Of Tamilnadu Rep By The Inspector Of Police,

CRL MP(MD)/17518/2026 · 2026-08-21

P Murugan

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

CRL MP(MD). No.17518 of 2026 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 21.08.2026 CORAM THE HONOURABLE DR. JUSTICE P.MURUGAN CRL MP(MD). No.17518 of 2026 in Crl.A.(MD)No.784 of 2026 N.Thangavel S/o.Nagarathinam ... Petitioner Vs. The State Of Tamilnadu Rep By The Inspector Of Police, Vigilance and Anti-Corruption Wing, Tiruchirappalli. (Crime No.27 of 2009) ... Respondent PRAYER :- This Petition is filed to suspend the execution of sentence by granting bail in Spl.C.No.134/2011 dated 25.06.2026 on the file of the Learned Special Judge, Vigilance and Anti- Corruption, Tiruchirappalli pending disposal of the above Criminal Appeal. For Petitioner : Mr.V.Kathirvelu, Senior Counsel, for Mr. K. Prabhu, For Respondent : Mr.D.Rajaboopathy, Government Advocate (Crl.Side) 1/8 https://www.mhc.tn.gov.in/judis CRL MP(MD). No.17518 of 2026 O R D E R Heard both sides. 2. The petitioner faced trial in Spl.C.No.134 of 2011, dated 25.06.2026, on the file of the learned Special Judge, Vigilance and Anti-Corruption, Tiruchirappalli, for the offences under Sections 7, 13(2) r/w.13(1)(d) of the Prevention of Corruption Act. 3. The petitioner is arrayed as A1. Totally there are 2 accused. After concluding the trial, by a judgment dated 25.06.2026 found the accused guilty of the above offences and imposed imprisonment. The details of conviction and sentence as follows: Sl. No. Offence Sentence Fine In default sentence 2/8 https://www.mhc.tn.gov.in/judis CRL MP(MD). No.17518 of 2026 1. Section 7 of the Prevention of Corruption Act. 2 years imprisonment Rs.2,000/- 3 months Simple Imprisonme nt 2. Section 13(2) r/w.13(1)(d) of the Prevention of Corruption Act. 2 years imprisonment Rs.2,000/- 3 months Simple Imprisonme nt 4. Against the said judgment of conviction and sentence, the petitioner filed Crl.A.(MD) No.784 of 2026. Along with the appeal, he has filed this petition for suspension of the sentence. The said Criminal Appeal was admitted by this Court on 09.07.2026. During the admission stage, the petitioner filed a petition seeking suspension of sentence in Crl.M.P.(MD) No.13549 of 2026, which was dismissed by this Court vide order dated 07.08.2026. 5. In the appeal grounds, the petitioner raised various points to be canvassed at the time of final argument. This Court heard the learned Senior Counsel appearing for the petitioner. 6. In support of the grounds of the appeal, the learned Senior 3/8 https://www.mhc.tn.gov.in/judis CRL MP(MD). No.17518 of 2026 Counsel submitted that during the trial, the petitioner was on bail and attended court proceedings regularly. The trial court itself suspended the sentence of the petitioner. He further submits that, after the dismissal of the suspension of sentence application by this Court vide order dated 07.08.2026 in Crl.M.P.(MD) No.13549 of 2026, the petitioner voluntarily surrendered before the trial Court on 11.08.2026 and was remanded to judicial custody. He further submits that, even during the trial, the petitioner was arrested and remanded to judicial custody for nearly 16 days. Thereafter, upon being released on bail, he faced the trial and, as of now, has undergone nearly 27 days of imprisonment. The petitioner is 73 years old and he is also suffering from age-related ailments. 7. The State counsel submitted that in the meantime the trial Court issued NBW against the petitioners on 31.07.2026, having no further suspension of sentence order after 25.07.2026. After this Court dismissed their suspension of sentence petition, then only they surrendered before the trial Court on 11.08.2026. 4/8 https://www.mhc.tn.gov.in/judis CRL MP(MD). No.17518 of 2026 8. Having paid the fine, this Court is inclined to allow the petition, taking note of the arguable points available in the appeal. 9. Accordingly, this Criminal Miscellaneous Petition is allowed. The sentence imposed by the Special Judge, Vigilance and Anti Corruption, Tiruchirappalli, in Spl.C.No.134 of 2011 dated 25.06.2026 alone is suspended, subject to the following stringent conditions:- i) The petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two blood sureties each for a like sum to the satisfaction of the Special Judge, Vigilance and Anti Corruption, Tiruchirappalli; ii) The sureties shall affix their photographs and Left Thumb Impression in the surety bond and the trial Court may obtain a copy of their Aadhar card or Bank Pass Book to ensure their identity; iii) The petitioner shall appear before the 5/8 https://www.mhc.tn.gov.in/judis CRL MP(MD). No.17518 of 2026 concerned trial Court on the first working day of every month, till the disposal of the appeal; iv) The petitioner shall furnish his residential address and mobile number to the Trial Court; v) On breach of any of the aforesaid conditions, the learned Sessions Judge/Trial Court is entitled to take appropriate action against the appellant in accordance with law as if the conditions have been imposed and the appellant released on bail by the learned Sessions Judge/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005) AIR SCW 5560]; and vi) If the accused thereafter absconds, a fresh FIR can be registered under Section 229-A of IPC / 269 BNS. 21.08.2026 1/2 gvn 6/8 https://www.mhc.tn.gov.in/judis CRL MP(MD). No.17518 of 2026 TO 1. The Special Judge, Special Court for Vigilance and Anti Corruption Act Cases, Tiruchirappali. 2. The Inspector of Police, Vigilance and Anti-Corruption Wing, Tiruchirappalli. 3. The Officer-in-charge, Central Prison, Tiruchirappalli. 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.17518 of 2026 DR. P. MURUGAN,J. gvn CRL MP(MD) No.17518 of 2026 in Crl.A.(MD)No.784 of 2026 21.08.2026 1/2 8/8 https://www.mhc.tn.gov.in/judis