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Madras High CourtCRL OP/7468/2026disposed of

V. Sanjay Kumar v. State Rep By The Inspector Of Police

2026-03-25Honourable Mr Justice M. Nirmal Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25-03-2026

CORAM

THE HON'BLE MR JUSTICE M. NIRMAL KUMAR 1.V. Sanjay Kumar 2.Rajesh Kumar 3.Manish Kumar Namogar ..Petitioner(s) Vs The State represented by The Inspector of Police Central Crime Branch, Team 17, Vepery, Chennai -7.

..Respondent(s) Criminal Original Petition is filed under Section 528 of B.N.S.S., to call for the records in Crl.M.P.No. 1 of 2025 in Crl.A.No.1432 of 2025 on the file of XX Additional City Civil Court at Allikulam, Chennai and to set aside the same.

For Petitioner(s):

Mr.M.K.Yukanth For Respondent(s):

Mr.Leonard Arul Joseph Selvam, Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed seeking to set aside the order dated 02.12.2025 passed by the learned XX Additional Judge, City Civil Court at Allikulam, Chennai in Crl.M.P.No.1 of 2025 in Crl.A.No.1432 of 2025.

2.

The petitioners are the accused in C.C.No.5060 of 2023 on the file of the learned Metropolitan Magistrate, CCB & CBCID, Egmore, Chennai, for the offences punishable under Sections 120(b), 467, 468, 471 r/w 467, 420 of IPC. The trial Court convicted the petitioners and sentenced them to undergo six months' simple imprisonment and directed them to pay fine amount of Rs.4,000/- each, in default to undergo three months simple imprisonment. Aggrieved by the said judgment dated 25.10.2025, the petitioners preferred an appeal in C.A.No.1432 of 2025 and also filed Crl.M.P.No.1 of 2025 before the XX Additional City Civil Court, Allikulam, Chennai, seeking suspension of sentence. The Appellate Court, by order dated 02.12.2025, in M.P.No.1 of 2026, suspended the sentence on condition of execution of sureties within a period of two weeks. Aggrieved by the said condition, the petitioners have filed the present petition.

3.

The learned counsel for the petitioners submitted that the petitioners are closely related and belong to the same family and that a close family member has passed away, due to which, the petitioners were unable to comply with the condition of execution of sureties within the stipulated time. He further submitted that six sureties are required to be secured and therefore, the petitioners seek extension of time to execute the sureties.

4.

Heard the learned counsel on either side. Considering the submission that a close family member of the petitioners has passed away, due to which, the sureties could not be executed within time, this Court is of the view that the request made by the petitioners merits consideration. 5.

Accordingly, the petitioners are directed to execute the required sureties before the learned Metropolitan Magistrate, CCB-CBCID, Egmore, Chennai, on or before 08.04.2026 and no further extension of time shall be granted. In the event of failure to comply with this order within the stipulate time, the order of suspension of sentence shall stand automatically canceled. 6.

With the above directions, this Criminal Original Petition stands disposed of.

25-03-2026 Index: Yes/No Speaking/Non-speaking order VKR Note: Issue order copy on 25.03.2026 To 1.The Metropolitan Magistrate, CCB-CBCID, Egmore, Chennai. 2.The XX Additional Judge, City Civil Court, Allikulam, Chennai. 3.The Inspector of Police Central Crime Branch, Team 17, Vepery, Chennai -7.

4.The Public Prosecutor, High Court of Madras.

M.NIRMAL KUMAR, J.

VKR 25-03-2026