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Madras High CourtCRL MP/4824/2026ordered

V.J.Vijayakumar v. State Represented By

2026-03-13Honourable Mr Justice A.D.Jagadish Chandira6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.03.2026

CORAM:

THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA in Crl.A.No.281 of 2026 V.J.Vijayakumar @ Seenu ... Petitioner Vs.

The State represented by, The Inspector of Police, Central Bureau of Investigation/ Anti-Corruption Branch, Shastri Bhawan, Chennai.

... Respondent PRAYER: Criminal Miscellaneous Petition is filed under Section 430(1) of the Bharatiya Nagarik Suraksha Sanhita, to suspend the sentence of imprisonment passed against the appellant/A4 in the judgment dated 09.01.2026 in C.C.No.21 of 2013 by learned XXIV Additional City Civil and Sessions Court for CBI Cases, Chennai and direct the release of the appellant/A4 on bail with suitable conditions, if any, pending disposal of the criminal appeal.

For Petitioner :

Mr.Babu For Respondent :

Mr.N.Baaskaran Special Public Prosecutor for CBI 1/6

O R D E R

This Criminal Miscellaneous Petition has been filed seeking suspension of sentence of imprisonment, imposed against the petitioner in C.C.No.21 of 2013, vide judgment dated 09.01.2026 on the file of the XXIV Additional City Civil and Sessions Court for CBI Cases, Chennai. 2.

The conviction and sentence imposed against the petitioner/appellant, vide impugned judgment are as follows:- Under Section Sentence 120B r/w. 409, 420, 468 and 471 of IPC and Sections 13(2) r/w. 13(1)(d) of the Prevention of Corruption Act one year rigorous imprisonment and a fine of Rs.5,000/-, in default, to undergo three months simple imprisonment.

420 of IPC one year rigorous imprisonment and a fine of Rs.1,000/-, in default, to undergo three months simple imprisonment.

468 of IPC one year rigorous imprisonment and a fine of Rs.1,000/-, in default, to undergo three months simple imprisonment.

471 r/w 468 of IPC one year rigorous imprisonment and a fine of Rs.1,000/-, in default, to undergo three months simple imprisonment.

The sentences shall run concurrently.

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3.

The learned counsel appearing for the petitioner/appellant submitted that the petitioner is an innocent person and has been falsely implicated in this case. He further submitted that the petitioner/appellant has paid the fine amount as imposed by the trial Court and that on 09.01.2026, the trial Court has suspended the sentence imposed on the petitioner/appellant for a period of one month. He also submitted that there are arguable points available in the Criminal Appeal, which is unlikely to be taken up for final hearing in the near future and the petitioner/appellant has a fair chance of succeeding in the appeal. He further submitted that this Court has already suspended the sentence imposed in respect of the coaccused/A1 in this case in Crl.M.P.No.2005 of 2026 vide order dated 06.02.2026. Hence, the sentence imposed on the petitioner/appellant may be suspended and he may be enlarged on bail.

4.

Learned Special Public Prosecutor appearing for the respondent opposed the grant of suspension of sentence stating that the petitioner/A4, in collusion with other accused, by forging and falsifying the documents, cheated the bank and caused significant financial loss. He further submitted that the trial Court, after taking into consideration the oral and documentary evidence produced by the prosecution, rightly found the 3/6

petitioner/appellant guilty and convicted and sentenced him, as stated above.

5.

Heard the learned counsel for the petitioner/appellant and the learned Special Public Prosecutor appearing for the respondent 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 co-accused/A1 in this case has already been granted suspension of sentence, this Court is inclined to suspend the sentence of imprisonment imposed on the petitioner. Accordingly, till the disposal of the appeal, suspension of sentence is granted to the petitioner/appellant, subject to the following conditions:- "(i) The petitioner/appellant shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only), with two sureties, each for a like sum to the satisfaction of the XXIV Additional City Civil and Sessions Court for CBI Cases, Chennai;

(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. (iii) In the event of the petitioner not being able to 4/6

appear before the trial Court concerned on the specified date, he shall be duly represented by his counsel, who shall file an application under Section 317 Cr.P.C before the trial Court concerned and the petitioner shall appear before the trial Court on such other date(s) as directed by the trial Court."

7.

Accordingly, the Criminal Miscellaneous Petition stands ordered.

13.03.2026 ham To 1.

The Sessions Judge, XXIV Additional City Civil and Sessions Court for CBI Cases, Chennai 2.

The Inspector of Police, Central Bureau of Investigation/ Anti-Corruption Branch, Shastri Bhawan, Chennai.

3.

The Public Prosecutor, High Court of Madras.

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A.D.JAGADISH CHANDIRA, J.

ham in Crl.A.No.281 of 2026 13.03.2026 2/2 6/6