R.Jayanthi v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30-04-2026

CORAM

THE HON'BLE MR JUSTICE M. NIRMAL KUMAR IN CRL A NO. 565 OF 2026 R.Jayanthi W/o.R.Rajendran, No.19, 4th Street, Kamarajar Nagar, Avadi, Chennai - 71.

..Petitioner(s) Vs The Inspector of Police CBI/ACB, Sashtri Bhavan, Chennai.

..Respondent(s) PRAYER: Criminal Miscellaneous Petition is filed under Section 430(1) of the Bharatiya Nagarik Suraksha Sanhita/Section 389(1) of Cr.P.C., to suspend the sentence of imprisonment imposed on the appellant/accused by the order and judgement dated 09.01.2026 of the Learned XXIV Additional City Civil and Sessions Judge (CBI Cases relating to Banks and Financial Institution Scams), Chennai in C.C.No.17 of 2013 pending the final disposal of the Criminal Appeal and pass such order for further reliefs as the Honble Court may deem fit and render justice.

For Petitioner(s):

M/s.K.Gopinath For Respondent(s):

Mr.N.Baaskaran Special Public Prosecutor For CBI

ORDER

This Criminal Miscellaneous Petition has been filed seeking suspension of sentence of imprisonment, imposed by the learned XXIV Additional City Civil and Sessions Judge for CBI Cases relating to Banks and Financial Institution Scams, Chennai, in C.C.No.17 of 2013, vide judgment dated 09.01.2026.

2.

The conviction and sentence imposed against the petitioner/appellant (A8), vide impugned judgment are as follows:- Under Section Sentence 120B r/w 409, 420, 468, 471 of IPC and Section 13(2) r/w 13(1)(d) of the Prevention of Corruption Act one year of rigorous imprisonment and a fine of Rs.5,000/-, in default, to undergo three months simple imprisonment.

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

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

The sentences shall run concurrently.

3.

The learned counsel appearing for the petitioner/appellant submitted that the petitioner, is innocent and has been falsely implicated in this case. He further 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 also submitted that the fine amount has been paid by the petitioner/appellant. He further submitted that this Court has already suspended the sentence imposed in respect of the co-accused in this case. 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 suspension of sentence stating that the petitioner, 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 petitioner/appellant guilty and convicted and sentenced him, as stated above. 5.

Heard the learned counsel for the petitioner/appellant and learned Special Public Prosecutor (CBI) 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 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, the relief of 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 Judge for CBI Cases relating to Banks and Financial Institution Scams, Chennai; (ii) The petitioner/appellant shall appear before the trial Court once in six months 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 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.

30.04.2026 bkn To 1.

The XXIV Additional City Civil and Sessions Judge for CBI Cases relating to Banks and Financial Institution Scams, Chennai.

2.

The Inspector of Police, CBI/ACB, Shastri Bhavan, Chennai.

3.

The Public Prosecutor, High Court of Madras.

M.NIRMAL KUMAR, J.

BKN IN CRL A NO. 565 OF 2026 30-04-2026