T.Vetrivel v. The State Rep By, The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 20.08.2025
CORAM
THE HONOURABLE MR. JUSTICE M.NIRMAL KUMAR in Crl.A.No.1287 of 2025 T.Vetrivel ... Petitioner/Accused Vs.
The State rep by The Inspector of Police, CBI/EOW/Chennai.
(RC No.1/E/2003, CBI/EOW/Chennai) ... Respondent Prayer: Criminal Miscellaneous Petition filed under Section 430(1) of BNSS, 2023 to suspend the sentence of 2 years rigorous imprisonment alone imposed on the petitioner/Appellant/Accused herein by the learned XI Additional Special Judge for CBI relating to Banks & Financial Institutions, Chennai - 600 001, Chennai District on 30.06.2025 in C.C.No.14 of 2019 and enlarge him on bail, pending disposal of the above Criminal Appeal. For petitioner :
Mr.G.Saravanan For Respondent : Mr.B.Mohan Special Public Prosecutor (CBI Cases) 1/6
ORDER
The petitioner/Accused in C.C.No.14 of 2019 was convicted by the trial Court by the judgment dated 30.06.2025 for the offences under Sections 120-B r/w 420, 468, 471 of I.P.C. and Sections 13(2) r/w 13(1)(d) of Prevention of Corruption Act and under the substantive offences under Section 420 of I.P.C. sentenced to undergo 2 years of rigorous imprisonment on each section (2x2=4 years) along with fine of Rs.50,000/- on each sections (Total fine amount: 2x50000=1,00,000), in default, to undergo three months simple imprisonment on each section (2x3=6 months). The sentences are directed to run concurrently. Aggrieved against the same, the petitioner preferred the above appeal along with the instant miscellaneous petition seeking suspension of sentence and bail.
2.The contention of the learned counsel for petitioner is that the petitioner/A3 is the supplier of oil to A1 Firm. The case projected against the petitioner is that the petitioner issued invoices facilitating A1 to avail bill 2/6
purchase facility from the Bank. A4 and A5 are the bank officials, who also joined A1 in releasing advance. The learned counsel submitted that in this case there are totally 209 cheques given by A1 to the Bank of which, except 12 cheques, other cheques were encashed. These 12 cheques got dishonoured. Thereafter it has been projected as though there was no supply and it was only a bill adjustment. He further submitted that the trial Court had already suspended the sentence of the petitioner till 01.08.2025 and subsequently extended up to 18.08.2025. He further submitted that the sentence imposed on the co-accused/A1, A4 and A5 has already been suspended by this Court on 21.07.2025 in Crl.M.P.No.13477 and 14212 of 2025 respectively. Hence, he prayed for granting suspension of sentence to the petitioner. 3.The learned Special Public Prosecutor strongly opposed the petitioner's contention submitting that the petitioner in connivance with the other accused, without supplying goods had produced Invoices and Bills. 3/6
Based on which, advances were released by the Bank and thereby the petitioner helped A1 in misappropriating and cheating public funds to the tune of Rs.1.71 Crores. He submitted that the trial Court had suspended the sentence of the petitioner till 18.08.2025. He further submitted that the sentence of the co-accused/A1, A4 and A5 has been suspended by this Court on 21.07.2025 in Crl.M.P.No.13477 and 14212 of 2025, respectively. 4.Considering the fact that there are substantial grounds raised in the above appeal, which requires consideration and the sentence imposed on the co-accused/A1, A4 and A5 has already been suspended by this Court and since the appeal is not likely to be taken up in the near future, this Court is inclined to grant the relief of suspension of sentence to the petitioner. 5.Accordingly, the substantive sentence of Imprisonment imposed on the petitioner is suspended till the disposal of the appeal and he is ordered to be enlarged on bail, on condition that he shall execute a bond for a sum of 4/6
Rs.10,000/- (Rupees Ten thousand only) with two sureties, each for a like sum to the satisfaction of the trial Court.
6.Further, the petitioner shall appear before the Trial Court once in three months at 10.30 a.m. on the first working day of the month, until the disposal of the appeal and if he is not able to appear before the Trial Court on that day, he 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. 7.Accordingly, this Criminal Miscellaneous Petition is ordered. 20.08.2025 (2/2) rsi 5/6
M. NIRMAL KUMAR, J.
rsi To 1.The XI Additional Special Judge for CBI Cases relating to Banks & Financial Institutions, Chennai.
2.The Inspector of Police, CBI/EOW/Chennai.
3.The Public Prosecutor, High Court, Madras.
in Crl.A.No.1287 of 2025 20.08.2025 (2/2) 6/6