P. Stephen v. The State Rep By, The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09.06.2026

CORAM:

THE HON'BLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.M.P.No. 8295 of 2026 in Crl.A.No.610 of 2026 P.Stephen

...Petitioner

Vs.

The Inspector of Police, Central Bureau Investigation, Anti Corruption Branch, Shastri Bhavan, Chennai.

RC MA1 2019 A 0026 ... Respondent PRAYER: Criminal Miscellaneous Petition filed under Section 389(1) of Cr.P.C., to suspend the sentence of the Appellant passed by the learned XIV Additional Special Judge for CBI Cases, Chennai in C.C.No.10 of 2021, judgement dated 27.03.2026 and may be enlarged on bail. For Petitioner : Mr. S.Vijayaraghavan For Respondent : Mr.K.Srinivasan Special Public Prosecutor (CBI Cases)

ORDER

This Criminal Miscellaneous Petition has been filed by the petitioner, seeking suspension of sentence imposed by the learned XIV Additional Special Judge for CBI Cases, Chennai, in C.C.No.10 of 2021 dated 27.03.2026, and enlarge the petitioner on bail pending disposal of

the above appeal.

2.

The petitioner herein are the accused in C.C.No.10 of 2021 of 27.03.2026 on the file of the learned XIV Additional Special Judge for CBI Cases, Chennai. He was found guilty of the offences under Sections 120(b) read with Sections 420, 467, 468, 477A of IPC and Section 13(2) and 13(1)(d) of PC Act, 1988 and Section 66C of Information Technology Act, 2000 and substantive offences under Section 420 of IPC and he has been convicted and sentenced as under:

Accused Conviction Sentence A2 Section 120B read with Section 420, 467, 468, 477A of IPC and Section 13(2) read with Section 13(1)(d) of PC, 1988 and Section 66C of Information Technology Act, 2000 To undergo RI for 4 years and shall pay a fine of Rs.10,000/- and in default to undergo simple imprisonment for three months.

Section 420 of IPC To undergo RI for two years and shall pay a fine of Rs.10,000/- and in default to undergo simple imprisonment for 3 months.

Aggrieved by the same, the petitioner have 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 have 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. 4.

Per 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. 5.

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

6.

Considering 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 not 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.

7.

Accordingly, 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/accused are ordered to be released on bail, on their executing a separate 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 XIV Additional Special Judge for CBI Cases, Chennai.

(b) The petitioner/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 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.

8.

With the above directions, this Criminal Miscellaneous Petition is ordered.

09.06.2026 (1⁄2) Index : Yes/No : Yes/No Speaking/non-speaking order

G.K.ILANTHIRAIYAN, J.

To

1. Special Judge, Special Court under TNPIC Act, Coimbatore

2. Inspector of Police, SPE, CBI, EOW, Chennai

3. The District Revenue Officer (DRO), TiruppuR.

4. The Public Prosecutor, Madras High Court, Chennai.

Crl.M.P.No.8295 of 2026 in Crl.A.No. 610 of 2026 09.06.2025 (1/2)