[Cites 3, Cited by 0]
Madras High Court
Nagarajan vs State Of Tamilnadu Rep By Inspector Of ... on 10 April, 2026
Author: B.Pugalendhi
Bench: B.Pugalendhi
Crl.M.P.(MD)No.6696 of 2026
in Crl.A.(MD)No.377 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 10.04.2026
CORAM
THE HONOURABLE MR JUSTICE B.PUGALENDHI
Crl.M.P.(MD)No.6696 of 2026
in Crl.A.(MD)No.377 of 2026
Nagarajan ... Petitioner
versus
The State of Tamil Nadu,
Rep. by the Inspector of Police,
Vigilance & Anti-Corruption Wing,
Sivagangai. ... Respondent
Petition filed under Section 430(2) of BNSS 2023, to suspend the
sentence of imprisonment imposed by the learned Special Court for Trial of
cases under Prevention of Corruption Act, Sivagangai, in Spl.C.C.No.22 of
2014 by Judgment dated 27.02.2026 and enlarge the petitioner/accused on bail.
For Petitioner : Mr.V.Kathirvelu,
Senior Counsel
For Respondent : Mr.A.S.Abul Kalaam Azad,
Government Advocate (Crl. Side)
1/7
https://www.mhc.tn.gov.in/judis
Crl.M.P.(MD)No.6696 of 2026
in Crl.A.(MD)No.377 of 2026
ORDER
The petitioner is the sole accused in Crime No.1 of 2006 on the file of the
respondent Police. The petitioner, Village Administrative Officer, was arrested
by the Vigilance and Anti-Corruption Department on trap, while he received a
sum of Rs.1,000/- for issuing patta. He was tried before the learned Special
Judge, Special Court for trial of Cases under Prevention of Corruption Act,
Sivagangai, in Spl.C.C.No.22 of 2014 for the offence under Sections 7 and
13(2) r/w. 13(1)(d) of Prevention of Corruption Act, 1988. After the trial, the
trial Court, by its Judgment dated 27.02.2026, found the petitioner guilty and
convicted and sentenced him as under:
Sl.No Sections Punishment Fine amount Default
7 of PC Act 3 years Rs.5,000/- 3 months
1. rigorous simple
imprisonment imprisonment
13(2) r/w. 3 years Rs.5,000/- 3 months
2. 13(1)(d) of rigorous simple
PC Act imprisonment imprisonment.
Challenging the Judgment of conviction and sentence, the petitioner has filed an
appeal before this Court in Crl.A.(MD)No.377 of 2026. Along with the appeal,
the petitioner has also moved this petition to suspend the sentence imposed on
https://www.mhc.tn.gov.in/judis
him by the trial Court.
2. When this petition was taken up for considering on 07.04.2026, it was
reported that the trial Court, by its Judgment dated 27.02.2026, suspended the
sentence for a period of one month enabling the petitioner to move an appeal
before this Court. However, the petitioner, after the expiry of the said period,
failed to surrender before the Court. Therefore, this Court was not inclined to
entertain this petition and when this Court was about to dismiss this petition, the
learned Senior Counsel appearing for the petitioner sought some indulgence that
he would advise the petitioner to surrender before the Court and thereafter,
move this petition.
3. Today, when this petition is taken up for consideration, the learned
Senior Counsel appearing for the petitioner submits that the petitioner has
surrendered before the Court on 08.04.2026 and now, he is in jail.
4. The learned Senior Counsel has also raised the following arguable
points:
(i) the alleged demand made on 12.08.2006 and 14.08.2006 are not
https://www.mhc.tn.gov.in/judis
proved by the prosecution witnesses, as the evidence of P.W.2 and P.W.7, who
are the witnesses for the demand are highly contrary to each other.
(ii) the defacto complainant was having grudge over the petitioner for
refusing to receive the tax.
(iii) after phenolphthalein demonstration procedure, the tainted money
was not given to the defacto complainant, which creates doubt as to how the
tainted money was given by the defacto complainant to the petitioner.
Therefore, the acceptance of the tainted money was not proved by the
prosecution.
(iv) the trap proceedings, preparation of mahazars, witness presence,
phenolphthalein test, recovery of money and seizure of documents were not
proved by the prosecution in the manner known to law.
4. Heard the learned Government Advocate (Crl. Side) appearing for the
respondent.
5. The petitioner has raised certain arguable points in the appeal.
However, the appeal could not be taken up for final disposal for want of time.
Further, the trial Court has already suspended the sentence for a period of one
https://www.mhc.tn.gov.in/judis
month. Now, the petitioner has surrendered before the trial Court on
08.04.2026 and he is in jail.
6. Considering the points raised by the petitioner and also considering
the fact that the appeal could not be taken up for final disposal for want of time,
this Court is inclined to allow this petition.
7. Accordingly, the substantive sentence of imprisonment alone is
suspended pending disposal of the criminal appeal and the petitioner is ordered
to be enlarged on bail on the following conditions:
(i) The petitioner shall execute a bond for Rs.1,00,000/- (Rupees one lakh
only) with two sureties each for a like sum to the satisfaction of the Special
Court for Trial of Cases under Prevention of Corruption Act, Sivagangai.
(ii) The petitioner and the sureties shall submit a copy of their Aadhaar
Card or any other identity card issued by the Government in proof of their
residence address, before the trial Court as well as before the respondent Police.
In the event, if there is any change of address, the same shall be intimated to the
respondent Police without fail.
(iii) The petitioner shall report before the respondent Police daily at
https://www.mhc.tn.gov.in/judis
10.30 a.m. until further orders.
(iv) If the petitioner violates any of the above conditions, it is open to the
respondent police to file an application to cancel the bail granted to him.
10.04.2026
ogy
Note: Issue order copy today.
To
1. The Special Court for Trial of Cases
under Prevention of Corruption Act,
Sivagangai.
2. The Superintendent,
Central Prison, Madurai.
3. The Inspector of Police,
Vigilance & Anti-Corruption Wing,
Sivagangai.
4. The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
https://www.mhc.tn.gov.in/judis
B.PUGALENDHI, J.
ogy
10.04.2026
https://www.mhc.tn.gov.in/judis
