Francis Arun @ Kiran Chandrasekar v. State Of Tamil Nadu, Rep. By The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 05-06-2026
CORAM
THE HON'BLE MR JUSTICE G.K. ILANTHIRAIYAN
1. Francis Arun @ Kiran Chandrasekar S/o.Aloysius, No.409, Kurishingal House, Moolamkuzhi, Ernakulam, Kerala - 682507.
Now confined at Central Prison, Coimbatore.
2. Asha Sharlet @ Priya Dharmaraj W/o.Jacob Antony, 23/14 (Old No.17/14A), Cherukad House, Opp, Saudi Church, Mundamveli, Ernakulam, Kerala - 682 507.
Now confined at Special Prison for Women, Coimbatore) ..Petitioner(s) Vs State of Tamil Nadu, Rep. by The Inspector of Police, CBI/SCB, Chennai, RC.No.RC2(S)/2011/CBI/SCB/Chennai (Kattoor Police Station Crime No.1548 of 2005) ..Respondent(s) PRAYER : Criminal Original Petition filed under Section 528 of BNSS to set aside the docket order dated 05.05.2026 by the Learned Chief Judicial Magistrate in Crl.M.P.No.1 of 2026 in C.C.No.144 of 2012 and issue appropriate direction to accept the sureties furnished by the petitioners and pass such further or other orders as this Honble Court may deem fit and proper in the circumstances of the case and thus render justice.
For Petitioner(s):
Mr.N.Alagau Narayanan for M/s.RRN LEGAL For Respondent(s):
Mr.K.Srinivasan Special Public Prosecutor for CBI Cases
ORDER
This petition has been filed challenging the order passed by the learned Chief Judicial Magistrate in Crl.M.P.No.01 of 2026 in C.C.No.144 of 2012 thereby rejected the sureties furnished by the petitioners while executing the suspension of sentence order.
2. The petitioners are arrayed as A3 and A5 in C.C.No.144 of 2012 for the offence under Sections 120(B) read with Section 468, 471, 420 of IPC and Sections 420, 468, 471 and 419 of IPC and imposed 14 years of imprisonment along with a fine of Rs. 15 lakhs each. They were sentenced to 14 years of imprisonment along with a fine of Rs. 15 lakhs each. Aggrieved by the conviction, the petitioners preferred an appeal in C.A. No. 253 of 2026 before the learned Principal District and Sessions Judge, Coimbatore. They also filed a petition for the suspension of their sentence. The appellate court allowed the suspension of sentence on the condition that they execute a bond for Rs. 10,000/- each, with two sureties each for a like sum, to the satisfaction of the learned Chief Judicial Magistrate, Coimbatore, within two weeks from the date of receipt of the order. A further condition was imposed directing the petitioners
to report before the trial court on the first working day of every English calendar month at 10:30 a.m. until further orders. Accordingly, the petitioners produced sureties before the learned Chief Judicial Magistrate, Coimbatore. However, the trial court did not accept the sureties for the reason that the fine amount had not been paid and the substantive sentence had not been formally suspended by compliance.
3. The learned counsel for the petitioners submitted that the petitioners are willing to pay one-third of the fine imposed by the trial court. He also submitted that the co-accused have already been released on bail and their sureties were accepted upon payment of 50% of their respective fine amounts. He further submitted that A3 was the manager and A5 was the receptionist.
4. Considering the above submissions, the learned Chief Judicial Magistrate, Coimbatore is directed to accept the sureties on the condition that the petitioners shall deposit a sum of Rs. 5,00,000/- each on the date of resubmitting the sureties. The remaining fine amount must be paid on or before 01.09.2026. Failing compliance, the respondent is directed to secure the accused to undergo the remaining period of sentence, in accordance with law, forthwith.
5. Accordingly, this Criminal Original Petition is allowed. 05-06-2026 SMA To
1. The Chief Judicial Magistrate, Coimbatore.
2. The Inspector of Police, CBI/SCB, Chennai.
3. The Public Prosecutor, Madras High Court.
G.K.ILANTHIRAIYAN, J.
SMA 05-06-2026