Samikannu vs The State Of Tamilnadu, Rep By The … on 22 July, 2026

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    Madras High Court

    Samikannu vs The State Of Tamilnadu, Rep By The … on 22 July, 2026

    Author: B.Pugalendhi

    Bench: B.Pugalendhi

                                                                                 CrlMP(MD)No.13092 of 2026
                                                                                  in CrlA(MD)No.766 of 2026
    
    
                              BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
    
                                                    DATED : 22.07.2026
    
                                                           CORAM:
    
                                      THE HONOURABLE MR.JUSTICE B.PUGALENDHI
    
                                               CrlMP(MD)No.13092 of 2026
                                                           in
                                                 Crl A(MD)No.766 of 2026
    
                         Samikannu                                        ...Petitioner /sole accused
    
                                                                  Vs
                         The State rep by
                         the Inspector of Police,
                         Vigilance and Anti Corruption Wing,
                         Tiruchirappalli,
                         [Crime No.33 of 2010]                          ... Respondent
    
                         PRAYER: Petition filed under Section 430(1) of Bharatiya Nagarik
                         Suraksha Sanhita, to suspend the sentence of imprisonment passed in
                         SplSC.No.74 of 2012 on the file of the Special Judge for Prevention of
                         Corruption Act Cases, Tiruchirappalli dated 29.05.2026 and enlarge the
                         petitioner on bail till the disposal of the criminal appeal.
    
    
                                         For Petitioner    : Mr.V.Muthu Kamatchi
                                         For Respondent    : Mr.Robinson,
                                                                Government Advocate
    
    
    
    
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                                                                                      CrlMP(MD)No.13092 of 2026
                                                                                       in CrlA(MD)No.766 of 2026
    
    
                                                                 ORDER
    

    The petitioner is the sole accused in SplSC.No.74 of 2012 on the

    file of the Special Judge for Prevention of Corruption Act Cases,

    SPONSORED

    Tiruchirappalli. He was found guilty, convicted and sentenced as under:

                          Sl.                Offence            Punishment      Fine       default class
                          No                                                   (in Rs)
                            1     Section 7 of            the 2        years             3 months simple
                                  Prevention               of imprisonment 5,000          imprisonment
                                  Corruption Act
                            2     Section 13(2) r/w
                                  Section 13(1)(d) of 2        years 5,000               3 months simple
                                  Prevention       of imprisonment                        imprisonment
                                  Corruption Act
    
    

    As against the conviction and sentence, the petitioner has filed an appeal

    before this court in CrlA(MD)No.766 of 2026 and the same has been

    admitted by this court. The petitioner along with the appeal has moved

    this petition seeking to suspend the sentence imposed by the trial court.

    2.The petitioner has stated in the petition that he is not in jail and

    he claims that the sentence imposed by the trial court has been suspended

    by the trial court in CrMP.No.237 of 2026 in SplSC.No.74 of 2012 by

    order dated 29.05.2026. The sentence was suspended by the trial court

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    CrlMP(MD)No.13092 of 2026
    in CrlA(MD)No.766 of 2026

    under Section 389(3) of the CrPC to enable the petitioner to file an

    appeal before this court, for a period of 30 days up-to 28.06.2026.

    The petitioner has moved this petition on 29.06.2026 and the same was

    listed for hearing on 07.07.2026.

    3.The learned Government Counsel submits that the trial court has

    suspended the sentence by order dated 29.05.2026 for a period of 30 days

    and the petitioner has not surrendered on expiry of the order passed by

    the trial court.

    4.The learned counsel for the petitioner disputed the above

    submissions and submits that the trial court in CrlMP.No.296 of 2026 by

    order dated 29.06.2026 has extended the suspension of sentence up-to

    15.07.2026 and therefore, the period of suspension according to him has

    been extended and therefore there is no need of surrendering.

    5.The learned Government Counsel opposed this contention and

    submits that the trial court cannot extend the period of suspension under

    Section 389(3) of CrPC beyond a period of 30 days. He further submits

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    CrlMP(MD)No.13092 of 2026
    in CrlA(MD)No.766 of 2026

    that once the power of suspending the sentence has been exercised by the

    trial court under Section 389(3) CrPC, the trial court cannot pass further

    orders to extend the suspension of sentence. According to him,

    the petitioner has filed an appeal before this Court on 29.06.2026 and the

    same has been numbered and listed on 02.07.2026. When the appeal is

    pending before this court, the petitioner has been simultaneously granted

    the relief in a mechanical manner by the trial court by extending the

    suspension of sentence till 15.07.2026. He contends that the order of the

    trial court extending the suspension of sentence till 15.07.2026 is not

    valid and therefore, the petitioner is not entitled for suspension of

    sentence without surrendering before the court.

    6.The learned counsel for the petitioner has produced the

    subsequent order passed by the trial court in CrlMP.No.296 of 2026,

    dated 29.06.2026 and the same reads as under:

    “Both side heard. The reason stated in the petition
    is accepted circumstances of this petition and interest of
    justice suspend of set off time is extension till 15.07.2026.
    Hence this petition is allowed.”

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    CrlMP(MD)No.13092 of 2026
    in CrlA(MD)No.766 of 2026

    7.Since the learned Government Counsel has raised a preliminary

    objection to this petition, this court is inclined to examine the power of

    the trial court to extend the period of suspension, when the power under

    Section 389(3) has already been exercised by the trial court.

    8.The petitioner has been convicted by the Special Court for

    Prevention of Corruption Act Cases, Tiruchirappalli in SplSC.No.74 of

    2012 on 29.05.2026 as stated supra. As against the orders of the Special

    Court for Prevention of Corruption Act Cases, Tiruchirappalli, appeal

    lies before this court. Accordingly, the appeal has been filed before this

    court and it has been admitted by this court on 06.07.2026.

    The appellate court is having powers under Section 389(1) of CrPC to

    suspend the sentence pending the appeal for reasons to be recorded in

    writing. The trial court is empowered under Section 389 (3) of CrPC to

    release the convicted person in certain circumstances for a limited period

    to afford sufficient time to enable such a person to present appeal and for

    obtaining orders of the appellate court under 389(1) CrPC. Section 389

    of the CrPC is extracted hereunder for reference:

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    CrlMP(MD)No.13092 of 2026
    in CrlA(MD)No.766 of 2026

    “Section 389 in The Code of Criminal Procedure, 1973-
    (1) Pending any appeal by a convicted person, the
    Appellate Court may, for reasons to be recorded by it in
    writing, order that the execution of the sentence or order
    appealed against be suspended and, also, if he is in
    confinement, that he be released on bail, or on his own bond.

    Provided that the Appellate Court shall, before
    releasing on bail or on his own bond a convicted person who is
    convicted of an offence punishable with death or imprisonment
    for life or imprisonment for a term of not less than ten years,
    shall give opportunity to the Public Prosecutor for showing
    cause in writing against such release:

    Provided further that in cases where a convicted person
    is released on bail it shall be open to the Public Prosecutor to
    file an application for the cancellation of the bail.

    (2)The power conferred by this section on an Appellate
    Court may be exercised also by the High Court in the case of
    an appeal by a convicted person to a Court subordinate
    thereto.

    (3)Where the convicted person satisfies the Court by
    which he is convicted that he intends to present an appeal, the
    Court shall,-

    (i)where such person, being on bail, is sentenced to
    imprisonment for a term not exceeding three years; or

    (ii)where the offence of which such person has been

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    CrlMP(MD)No.13092 of 2026
    in CrlA(MD)No.766 of 2026

    convicted is bailable one, and he is on bail, order that the
    convicted person be released on bail, unless there are special
    reasons for refusing bail, for such period as will afford
    sufficient time to present the appeal and obtain the orders of
    the Appellate Court under sub-section (1); and the sentence of
    imprisonment shall, so long as he is so released on bail, be
    deemed to be suspended.”

    9.In Mammooty And Ors. vs. Food Inspector [AIR 1987 Kerala

    270], a Full Bench of the Kerala High Court explained the scope of

    Section 389 CrPc and the relevant portion is extracted hereunder:

    “13…..Sub-sections (1) and (3) of Section 389 are part
    of a scheme; subsection (1) enables the appellate court to
    suspend sentence and grant bail in all cases, though for
    reasons to be recorded in writing while Sub-section (3) confers
    on the convicting court a limited power in a narrower field to
    grant bail to a convicted person to afford him an opportunity
    to present an appeal and obtain orders of the Appellate
    Court.”

    10.Therefore, the power of the trial court under Section 389(3)

    CrPC operates on a narrower field and only to afford sufficient time to

    the convicted person to present the appeal and to obtain orders of the

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    CrlMP(MD)No.13092 of 2026
    in CrlA(MD)No.766 of 2026

    appellate court under Section 389(1) of CrPC. This power has already

    been exercised by the trial court in CrMP.No.237 of 2026 by its order

    dated 29.05.2026 wherein it has suspended the sentence for 30 days

    enabling the appellant to approach the appellate court and to obtain bail.

    Section 389(3) CrPC does not provide that the trial court can extend this

    period of suspension of sentence. Therefore, when the trial court has

    already exhausted the statutory mandate under Section 389(3) CrPC, it

    cannot extend the same by entertaining further application.

    11.It is relevant to note that as per Section 362 CrPC, once a

    criminal court has signed its judgment or final order, it becomes functus

    officio and has no scope to revisit the matter except for the correction of

    clerical or arithmetical errors. Therefore, the second order passed by the

    trial court in CrMP No.296 of 2026 is also barred under Section 362 of

    CrPC. Section 389 (3) of CrPC does not specify the time limit for

    suspending the sentence and allows the trial court to suspend the

    sentence for such period as will afford sufficient time to present the

    appeal. No doubt, the limitation period for filing an appeal before this

    court is 60 days from the date of conviction. However, when the trial

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    CrlMP(MD)No.13092 of 2026
    in CrlA(MD)No.766 of 2026

    court has already suspended the sentence for a period of 30 days time by

    way of its initial order, this court is of the opinion that it cannot entertain

    subsequent application when it has already become functus officio.

    12.It is also relevant to consider the decision of this court in

    P.Ramakrishnan vs. Rani Rambai [2012 (1) MWN (Cr) (DCC) 97

    (Mad)]. In this case, the convicted person has approached the trial court

    seeking extension of suspension of sentence without obtaining bail from

    the appellate court and the same was returned by the trial court that the

    convict cannot file successive applications seeking to extend the period

    of suspension. The convicted person has challenged the same in

    P.Ramakrishnan (referred supra) and this court held that the petition

    filed for extension of suspension of sentence is misconceived and it

    amounts to abuse of process of the court. The relevant portion is

    extracted as under:

    “7. The narration of above facts would clearly go to
    show that the present Petition is not only highly misconceived
    but also it amounts to a clear abuse of process of Court. Under
    Section 389(3) Cr.P.C, the trial Court has got power to suspend
    the sentence for a maximum period within which an appeal is

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    CrlMP(MD)No.13092 of 2026
    in CrlA(MD)No.766 of 2026

    to be preferred by the convict as per the provisions of the
    Limitation Act. The learned Magistrate lacks jurisdiction to
    grant suspension beyond 30 days from the date of imposition of
    sentence. Therefore, the learned Magistrate was right in
    returning the petition filed by the petitioner seeking extension
    of suspension of sentence. It needs to be mentioned that the
    date of conviction is on 19.10.2011 and the sentence was
    suspended rightly by the learned Magistrate till 18.11.2011.”

    13.This ratio has been followed in another decision of this court in

    Velusamy Vs. Shanmugam and another [CrlOP(MD)No.14400 of 2016

    dated 11.08.2016]. Therefore, this court is of the view that the trial court

    has exhausted its statutory mandate and became functus officio after

    passing the order dated 29.05.2026 in CrMP.No.237 of 2026 and the

    subsequent order passed in CrlMP.No.296 of 2026 on 29.06.2026

    extending the period of suspension till 15.07.2026 is not proper and the

    same is barred under Section 362 CrPC.

    14.For the above reasons, this court is not inclined to accept the

    contention of the petitioner that the suspension of sentence has been

    extended by the trial court till 15.07.2026. Therefore, this petition is

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    CrlMP(MD)No.13092 of 2026
    in CrlA(MD)No.766 of 2026

    dismissed with a direction to the petitioner to surrender before the trial

    court and thereafter file an application before this court under

    Section 389(1) CrPC.

    22.07.2026

    DSK

    Note: Issue order copy today

    To

    1.The Special Judge for
    Prevention of Corruption Act Cases,
    Tiruchirappalli.

    2.The Inspector of Police,
    Vigilance and Anti Corruption Wing,
    Tiruchirappalli.

    Copy to

    The Additional Public Prosecutor,
    Madurai Bench of Madras High Court,
    Madurai.

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    CrlMP(MD)No.13092 of 2026
    in CrlA(MD)No.766 of 2026

    B.PUGALENDHI.J.,

    DSK

    CrlMP(MD)No.13092 of 2026 in
    Crl A(MD)No.766 of 2026

    22.07.2026

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