Thennarasu v. The State Represented by the Inspector of Police

ORDER This criminal miscellaneous petition has been filed by the petitioner seeking to suspend the sentence imposed by the II Additional District and Sessions Jduge, Tindivanam in S.C.No. 269/2025, vide order dated 18.02.2026 and to consequently enlarge the petitioner on bail, pending disposal of the above criminal appeal.

¶2The conviction and sentence imposed against the petitioner, vide impugned judgment are as follows:-

Under Section Sentence U/s. 3 of TNPPDL Act To

undergo

Rigorous Imprisonment for 2 years and pay a fine of Rs.5,000/-, in default of payment of fine, to undergo rigorous imprisonment for 3 months.

¶3Learned counsel for the petitioner submitted that the petitioner is innocent. The trial judge has grossly erred in convicting the petitioner while the ingredients necessary for convicting him for an offence under the Prevention of Corruption Act are totally absent in the instant case. He also submitted that there are arguable points in the criminal appeal, which is unlikely to be taken up for final hearing in the near future and the petitioner has a fair chance of succeeding in the appeal and hence, the sentence imposed on the petitioner may Page3 of 6 be suspended and the petitioner / appellant may be enlarged on bail. It is further submitted that apprehending arrest, the present petition for suspension of sentence is filed and the appellant is not in jail and he has already deposited the fine amount.. Learned counsel further submitted that Trial Court has also suspended the sentence till yesterday i.e., 17.03.2026.

¶4Per contra, the learned Government Advocate (Crl. Side) appearing for the respondent opposed for grant of suspension of sentence stating that the charges against the petitioners are serious in nature and the trial Court, after taking into consideration the oral and documentary evidence produced by the prosecution, rightly found the petitioner/appellant guilty and convicted and sentenced him, as stated above, and the same cannot be said to be erroneous.

¶5Heard the learned counsel on either side and perused the materials on record.

¶6Considering the facts and circumstances of the case and also considering the submissions made by the learned counsel on either side, this Court is inclined to grant the relief of suspension of sentence to the petitioner, till the disposal of the criminal appeal, on the following conditions :-

(i) The petitioner/appellant is ordered to be enlarged on bail, on condition that she shall execute a bond for a sum of Page4 of 6 Rs.10,000/- (Rupees Ten Thousand only), with two sureties, each for a like sum to the satisfaction of the II Additional District and Sessions Judge, Tindivanam;

(ii) The petitioner/appellant shall appear before the trial Court 10.30 a.m. on the first working day of every English calendar month, until the disposal of the criminal appeal.

¶7This criminal miscellaneous petition is ordered accordingly. 18-03-2026 Index: Yes/No Speaking/Non-speaking order SHA Page5 of 6 To

1.The Inspector of Police Tindivanam Police Station, Villupuram -604 001. Crime No. 90/2023.

¶2II Additional District and Sessions Judge, Tindivanam.

3.The Public Prosecutor, High Court of Madras, Chennai – 600 104. CRLoMPoNo.o5316oofo2026 A.D.JAGADISHoCHANDIRA,oJ. SHA CRLoMPoNo.o5316oofo2026 in CRLoAoNo.o317oofo2026 18-03-2026 Page6oofo6

Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 18-03-2026 CORAM THE HON'BLE MR JUSTICE A.D.JAGADISH CHANDIRA IN CRL A No. 317 of 2026 Thennarasu ..Petitioner(s) Vs The State Represented by The Inspector of Police Tindivanam Police Station, Villupuram -604 001. Crime No. 90/2023. ..Respondent(s) Criminal miscellaneous petition filed under Section 430(1) of BNSS, seeking to suspend the sentence imposed in judgment and conviction passed in S.C.No. 269/2025 dated 18.02.2026 on the file of II Additional District and Sessions Jduge, Tindivanam and release the petitioner on bail pending criminal appeal and thus render justice. For Petitioner(s): Mr.S.Bharanidharan For Respondent(s): Ms.J.R.Archana, Government Advocate (Crl. Side) Page2 of 6