C.Gunaseelan v. State Rep.By, The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06-05-2026

CORAM

THE HON'BLE MRS.JUSTICE L.VICTORIA GOWRI IN CRL A NO. 466 OF 2026 C.Gunaseelan S/o. Chinnappa, No.59/7, Silver Springs Apartment, 3rd Main Road, Kasthuribai Nagar, Adyar, Chennai - 20.

..Petitioner(s) Vs State Rep.by, The Inspector of Police, CBI, Anti-Corruption Branch, Shastri Bhavan, Chennai.

RC/MA1 2019 A0026.

..Respondent(s) PRAYER: Criminal Miscellaneous Petition filed under Section 430(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023, to suspend the sentence imposed on the in the judgment dated 27.03.2026 made in CC.No.13 of 2021 on the file of the Ld.XIV Additional Sessions Judges Special Court for CBI, Chennai enlarge the petitioner on bail pending disposal of the above Criminal Appeal before this Honble Court and thus render justice.

For Petitioner(s):

M/s.M.Thiagarajan

ORDER

This Criminal Miscellaneous Petition has been filed by the petitioner, seeking suspension of sentence imposed by the learned XIV Additional Sessions Judges Special Court for CBI, Chennai in C.C.No. 13 of 2021 dated 27.03.2026, and enlarge the petitioner on bail pending disposal of the above appeal.

2.

The petitioner herein is the accused in C.C.No. 13 of 2021 on the file of the learned XIV Additional Sessions Judges Special Court for CBI, Chennai. He was found guilty, convicted and sentenced to undergo four years rigorous imprisonment and to pay a fine of Rs.10000/- in default of which to undergo 3 months simple imprisonment for the offences under sections 120B r/w. 420, 467, 468, 477A Ipc and section 13(2) r/w. 13(1)(d) of Prevention of Corruption Act and section 66C of Information Technology Act 2000. He was further sentenced to undergo rigorous imprisonment for a period of two years and to pay a fine of Rs.10,000/- in default of which to undergo simple imprisonment for three months, for the offence under section 420 IPC. The sentences were ordered to run concurrently. Aggrieved by the same, the petitioner has 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 are ready to abide the condition imposed by this Court.

4.

Per contra, the learned counsel 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. A perusal of the records reveals that the petitioner has made out a prima facie case for grant of suspension of the sentence imposed by the Trial Court. That apart, the petitioner is in incarceration imprisonment from 27.03.2026.

7.

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 counsel 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.

8.

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 his executing a 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 Sessions Judges Special Court for CBI, 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 all working days at 10.30 a.m., until further orders.

9.

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

06-05-2026 Index: Yes/No Speaking/Non-speaking order MPA To 1.XIV Additional Sessions Judges Special Court for CBI, Chennai.

2. The Inspector of Police, CBI, Anti-Corruption Branch, Shastri Bhavan, Chennai.

RC/MA1 2019 A0026.

3. The Superintendent, Central Prison, Puzhal, Chennai.

4. The Public Prosecutor, High Court, Madras.

L.VICTORIA GOWRI, J.

MPA IN CRL A NO. 466 OF 2026 06-05-2026