Elango v. State Rep by Inspector of Police

ORDER This Criminal Miscellaneous Petition has been filed by the petitioner, seeking suspension of sentence imposed by the learned Special Judge, Special Court for the Trial of Cases under Prevention of Corruption Act, Salem, in Spl.C.C.No.2 of 2019 dated 30.06.2026, and enlarge the petitioner on bail pending disposal of the above appeal.

¶2The petitioner herein is the accused in Spl.C.C.No.2 of 2019 on the file of the learned Special Court for the Trial of Cases under Prevention of Corruption Act, Salem. The petitioner was found guilty of the offences under Section 7(a) of the Prevention of Corruption Act, 1988 (Amendment Act 2018) and he has been convicted and sentenced to undergo rigorous imprisonment for a period of 3 years and to pay fine of Rs.5,000/-, in default to undergo simple imprisonment for 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 has 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. Page3 of 5

¶4Per contra, the learned Government Advocate (Criminal Side) 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.

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

¶6Considering 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 Government Advocate (Crl. Side) appearing for the respondent police, further this criminal appeal is 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.

¶7Accordingly, 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/2nd 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 satisfaction of the learned Special Court for the Trial of Cases under Prevention of Corruption Act, Salem. Page4 of 5

(b) The petitioner/2nd 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/2nd accused 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.

¶8With the above directions, this Criminal Miscellaneous Petition is ordered. 29-07-2026 Index: Yes/No Speaking/Non-speaking order Vv To

¶1The Special Judge, Special Court for the Trial of Cases under Prevention of Corruption Act, Salem.

¶2The Inspector of Police, Vigilance and Anti Corruption, Salem.

¶3The Public Prosecutor, High Court of Madras, Chennai. CRLoMPoNo.o13527oofo2026 G.K.ILANTHIRAIYAN,oJ. VV CRLoMPoNo.o13527oofo2026 IN CRLoAoNO.o921oOFo2026 29-07-2026 Page5oofo5

Page1 of 5 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 29-07-2026 CORAM THE HON'BLE MR JUSTICE G.K. ILANTHIRAIYAN IN CRL A NO. 921 OF 2026 Elango S/o. Subramani, Anai Muniappam Temple, Mettur Dam,Salem District-1. ..Petitioner(s) Vs State Rep by Inspector of Police Vigilance and Anti Corruption Salem. Crime No.15/AC/2018. ..Respondent(s) Prayer: Criminal Miscellaneous Petition filed under Section 389(1) of Cr.P.C. to suspend the sentence dated 30.06.2026 imposed in Special Calendar Case.No.02 of 2019 on the file of the court of the Special Court for the Trial of Cases under Prevention of Corruption Act, Salem pending disposal of the main Criminal Appeal. For Petitioner(s): Mr.N.U.Pressanna For Respondent(s): Mr.R.Ganesh Kumar, Counsel for Government of Tamilnadu, (Crl.Side) Page2 of 5