Zunitha Banu v. The State Of Tamilnadu, Rep. By The Inspector Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 09.01.2026

CORAM

THE HONOURABLE MRS. JUSTICE N.MALA in CRL A(MD)No.42 of 2026 Zunitha Banu ... Petitioner Vs State of Tamilnadu Rep by The Inspector of Police, SpE.CBI.ACB, Chennai.

RC.Ma1 2010 (A) 0008.

... Respondent PRAYER :- To suspend the sentence imposed against the petitioner in CC No.9/2012 dated 24.12.2025 on the file of the II Additional District Judge for CBI Cases, Madurai and enlarge them on bail pending disposal of the above criminal appeal.

For Petitioner : Mr.SMA.Jinnah For Respondent : Mr.C.Muthu Saravanan Special Public Prosecutor for CBI Cases 1/7

ORDER

This Criminal Miscellaneous Petition has been filed to suspend the sentence imposed by the learned II Additional District Judge for CBI Cases, Madurai, in C.C.No.9 of 2012 dated 24.12.2025, and enlarge the petitioner on bail pending the disposal of the appeal.

2. The case of the prosecution in brief, is that there are totally 34 accused. A5 and A6, who are alleged to be operating as brokers in the Passport Office, at Madurai, entered into criminal conspiracy with A1 to A4 and A7 to A12, for obtaining fake passports for A13 to A34. A7, the petitioner herein who is acquainted with A5 and A6, approached A8, postman of Begampur area, introduced them to A8, for the purpose of for furnishing information about addresses in Begampur area. Based upon such information, fake documents were made ready and fake passports were issued to A13 to A34. Hence, the complaint.

3. Before the Trial Court, on the side of the prosecution, 35 witnesses were examined as P.W.1 to P.W.35 and 133 documents were marked as Ex.P.1 to Ex.P.133. One material object was marked as M.O.1. On the side of the accused, neither any witness was examined nor document was marked.

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4. The learned II Additional District Judge for CBI Cases, Madurai, upon considering the evidence both oral and documentary and on hearing the arguments on both the sides, passed the impugned judgment dated 24.12.2025, convicting the petitioner as follows: S.No.

Offence Sentence Section 120B r/w 420 IPC 3 years R.I. and to pay a fine of Rs.5,000/-, in default to undergo 6 months S.I Section 120B r/w 468 IPC 3 years R.I. and to pay a fine of Rs.5,000/-, in default to undergo 6 months S.I Section 120B r/w 471 IPC 3 years R.I. and to pay a fine of Rs.5,000/-, in default to undergo 6 months S.I Section 120B IPC r/w 13(2) r/w 13(1)(d) of Prevention of Corruption Act 2 years R.I. and to pay a fine of Rs.5,000/-, in default to undergo 6 months S.I Section 420 IPC 3 years R.I. and to pay a fine of Rs.5,000/-, in default to undergo 6 months S.I Section 468 IPC 3 years R.I. and to pay a fine of Rs.5,000/-, in default to undergo 6 months S.I Section 471 IPC 3 years R.I. and to pay a fine of Rs.5,000/-, in default to undergo 6 months S.I

5. Challenging the above said conviction and sentence, the appellant has preferred the present Criminal Appeal along with the above Miscellaneous Petition seeking suspension of sentence. 3/7

6. The learned counsel appearing for the petitioner would submit that there are several incongruities in the prosecution case and further there are contradictions in material particulars in the evidences of the prosecution witnesses. He would further submit that the petitioner has already paid the fine amount. The learned counsel also submits that the sentence imposed on the co-accused, namely, A12, Thangavelu, was suspended by this Court vide order dated 06.01.2026 in Crl.MP. (MD).No.175/2026 in Crl.A.(MD).No.17/2026.

7. The learned Additional Public Prosecutor appearing for the State would submit that there are enough materials available on record against the petitioner and hence, he strongly opposed the grant of suspension of sentence.

8. This Court has carefully considered the rival contentions put forward by either side and also perused the materials available on record.

9. The learned counsel appearing for the petitioner pointed out the incongruities, inconsistencies and contradictions in material particulars in the prosecution's case, which establish that there are certain arguable points in the criminal appeal. However, the criminal appeal is not likely 4/7

to be taken up for final hearing in the near future. Further, the coaccused, viz., A12, was granted the relief of suspension of sentence by this Court on 06.01.2026 in Crl.MP.(MD).No.175/2026 in Crl.A. (MD).No.17/2026. Hence, this Court is of the considered view that the petitioner herein is also entitled for the relief of suspension of sentence.

10. Accordingly, the Criminal Miscellaneous Petition is allowed and the substantive sentence of imprisonment alone is suspended pending disposal of the appeal with the following directions: (i) the petitioner is directed to pay the fine amount of Rs.35,000/- within a period of two weeks from today ;

(ii)upon payment of the fine amount, the petitioner shall be enlarged on bail on condition that she shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties, within a period of 10 days from the date of receipt of a copy of this order, each for a like sum to the satisfaction of the II Additional District Court for CBI Cases, Madurai.

(ii) the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the learned Trial Judge may obtain a copy of any valid identity proof to ensure their identity ; 5/7

(iii) The petitioner shall appear before the trial Court once in a month i.e., on the first working day of every English calendar month at 10.30 a.m., until further orders and if she is not able to appear before the trial Court on any day, she shall make arrangements to file an application under Section 317 of Cr.P.C (355 of BNSS) and shall appear before the trial Court on any other day in lieu of the date of her absence, as directed by the trial Court.

09.01.2026 AP TO 1.The Inspector of Police, SPE.CBI.ACB, Chennai.

2.The II Additional District Judge for CBI Cases, Madurai.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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N.MALA,J SAP CRL MP(MD) No.580 of 2026 in Crl.A.(MD).No.42/2026 09.01.2026 7/7