CRL MP/7819/2026 of N.E.Devarajan Vs The State Rep By, The Inspector of Police

Crl.M.P.No.7819 of 2026 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 28.04.2026 CORAM: THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.M.P.No.7819 of 2026 in Crl.A.No.564 of 2026 N.E.Devarajan ...Petitioner Vs. State represented by, The Inspector of Police, Vigilance & Anti-Corruption Cell Police Station, Vellore. ...Respondent Criminal miscellaneous petition filed under Section 389(1) of Cr.P.C., seeking to suspend the sentence of imprisonment imposed on the petitioner/appellant by the learned Principal District and Se ssions Judge, Special Court for Vigilance & Anti-Corruption cases, Vell ore, vide order dated 15.04.2026 made in Crl.M.P.No.1494 of 2026 in Spl.S.C.No.1 of 2025 and to acquit the petitioner. For Petitioner : Mr.MA.Gouthaman For Respondent : Ms.J.R.Archana, GA(Crl. Side) 1/5 https://www.mhc.tn.gov.in/judis Crl.M.P.No.7819 of 2026 O R D E R This criminal miscellaneous petition has been filed seeking suspension of sentence of imprisonment, imposed by the learned Principal District and Sessions Judge, Special Court for Vigilance & Anti -Corruption cases, Vellore, in Spl.S.C.No.1 of 2025, vide judgment dated 15.04.2026. 2. The conviction and sentence imposed against the petitioner/ appellant, vide impugned judgment is as follows:- Under Section Sentence 7(a) of the Prevention of Corruption (Amendment) Act, 2018 three years rigorous imprisonment and a fine of Rs.25,000/-, in default, to undergo six months simple imprisonment. 3. Learned counsel for the petitioner/appellant made the following submissions: 3.1 The petitioner is innocent and he has been falsely implicat ed in this case as A1. 3.2 There are arguable points available in the criminal appea l, which is unlikely to be taken up for final hearing in t he near future and the petitioner/appellant has a fair chance of succeeding in the appe al. The trial Court, vide order dated 15.04.2026 made in Crl.M.P.No.1494 of 2026 in 2/5 https://www.mhc.tn.gov.in/judis Crl.M.P.No.7819 of 2026 Spl.S.C.No.1 of 2025, has already suspended the sentence imposed on the petitioner till 15.05.2026. 3.3 The petitioner paid the entire fine amount ordered by the trial court. Hence, the sentence imposed on the petitioner may be suspended. 4. Per contra, the learned Government Advocate (Crl. Side) appearing for the respondent opposed the grant of suspension of sentence stating that the trial Court, after taking into consideration the oral and documentary evidence adduced by the prosecution, rightly found the petitioner/appellant guilty and convicted and sentenced him, as stated above, which cannot be said to be erroneous. 5. Heard both sides and perused the materials on record. 6. Considering the facts and circumstances of the case and also the submissions made by the learned counsel on either side and also taking note of the fact that the trial court had already suspended the sentence of imprisonment imposed on the petitioner till 15.05.2026, this Court is inclined to suspend the sentence of imprisonment imposed on the peti tioner. Accordingly, till the disposal of the appeal, the relief of suspension of sentence is granted to the petitioner/appellant, subject to the following conditions:- 3/5 https://www.mhc.tn.gov.in/judis Crl.M.P.No.7819 of 2026 (i) The petitioner/appellant shall execute a bond for a sum of Rs.15,000/- (Rupees Fifteen Thousand only), with two sureties, each for a like sum, to the satisfaction of the Principal District and Sessions Judge, Special Court for Vigilance & Anti-Corruption cases, Vellore; (ii) The petitioner/appellant shall appear before the trial Court on the first working day of every English calendar month at 10.30 a.m., until further orders. 7. Accordingly, this criminal miscellaneous petition stands ordered. 28.04.2026 (2/2) skt To: 1. The Principal District and Sessions Judge, Special Court for Vigilance & Anti-Corruption cases, Vellore. 2. The Inspector of Police, Vigilance & Anti-Corruption Cell Police Station, Vellore. 3. The Public Prosecutor, High Court of Madras. 4/5 https://www.mhc.tn.gov.in/judis Crl.M.P.No.7819 of 2026 A.D.JAGADISH CHANDIRA, J. skt Crl.M.P.No.7819 of 2026 in Crl.A.No.564 of 2026 (2/2) 28.04.2026 5/5 https://www.mhc.tn.gov.in/judis