Anishkumar v. The Central Bureau Of Investigation

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05-06-2026

CORAM

THE HON'BLE MR JUSTICE G.K. ILANTHIRAIYAN Anishkumar Tuntun Prasad, Village Gannipur Renri, Thana Hilsa, Nalanda, Bihar.

..Petitioner(s) Vs The Central Bureau of Investigation Special Crime Branch, Chennai.

R.C.No.4/S/2015 CBISCB/Chennai.

..Respondent(s) PRAYER: Criminal Original Petition filed under Section 483 of BNSS to set aside the order dated 23.03.2026 made in Crl.MP.No.2 of 2026 in Crl.A.No.75 of 2026 passed by the Honourable XXI Additional Sessions Court at Allikulam, Chennai and consequently enlarge the petitioner on bail pending disposal of the appeal in Crl.A.No.75 of 2026 by allowing this Criminal Original Petition. For Petitioner(s):

Mr. G.Hemantkumar Khandelwal For Respondent(s):

Mr.K.Srinivsam Special Public Prosecutor (CBI Cases)

ORDER

This petition has been filed to set aside the order dated 23.03.2026 made in Crl.MP.No.2 of 2026 in Crl.A.No.75 of 2026 passed by the learned XXI Additional Sessions Court at Allikulam, Chennai and consequently enlarge the petitioner on bail pending disposal of the appeal in Crl.A.No.75 of 2026.

2. The petitioner is arrayed as 2nd accused in C.C.No.3383 of 2016 and he was found guilty for the offences under Sections 120(B) read with Section 42, 419 and 420 of IPC and and he has been convicted and sentenced as under: Accused Conviction Sentence A2 Section 120B read with Section 420 of IPC To undergo simple imprisonment for two years and shall pay a fine of Rs.5,000/- in default to undergo simple imprisonment for three months.

Section 419 of IPC To undergo simple imprisonment for two years and shall pay fine of Rs.5,000/- in default to undergo simple imprisonment for three months.

Section 420 of IPC To undergo simple imprisonment for two years and shall pay a fine of Rs.5,000/- in default to undergo simple imprisonment for three months.

However, petitioner failed to surrender and as such, the trial Court issued NBW as against the petitioner. Thereafter, he surrendered before the Central Prison, Puzhal, Chennai. While pending the appeal, petitioner filed application for suspension of sentence and the same was dismissed, against which, present petition is filed.

3. Considering the fact and circumstances and period of incarceration of the petitioner from the date of surrender namely 03.03.2026, this Court is inclined to set aside the Crl.MP.No.2 of 2026 in Crl.A.No.75 of 2026 passed by the learned XXI Additional Sessions Court at Allikulam, Chennai and accordingly set aside.

4. 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 XXI Additional Sessions Court at Allikulam, 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.

5. Accordingly, this Criminal Original Petition is allowed. 05-06-2026 SMA

To 1.XI Additional Sessions Court at Allikulam, Chennai 2.The Central Bureau of Investigation Special Crime Branch, Chennai.

3. The Public Prosecutor, Madras High Court.

G.K.ILANTHIRAIYAN, J.

SMA 05-06-2026