CRL MP/5523/2026 of S.Elumalai Vs The Inspector of Police,

Crl.M.P.No.5523 of 2026 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 02.04.2026 CORAM: THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.M.P.No.5523 of 2026 in Crl.A.No.336 of 2026 S.Elumalai ... Petitioner Vs. The Inspector of Police, Central Bureau of Investigation/ACB, Shastri Bhavan, Chennai. ... Respondent PRAYER: Criminal Miscellaneous Petition is filed under Section 430(1) of the Bharatiya Nagarik Suraksha Sanhita, 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 Se ssions 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. For Petitioner : Mr.K.Gopinath For Respondent : Mr.N.Baaskaran Special Public Prosecutor (CBI) 1/6 https://www.mhc.tn.gov.in/judis Crl.M.P.No.5523 of 2026 O R D E R This Criminal Miscellaneous Petition has been filed seeking suspension of sentence of imprisonment, imposed by the XXIV Additional City Civil and Sessions Court (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 U/s. 120B r/w. Section 409, 420, 468, 471 of IPC and Sec. 13(2) r/w. 13(l)(d) of Prevention of Corruption Act, 1988 one year rigorous imprisonment and fine of Rs.5,000/-, in default, to undergo three months simple imprisonment. 420 of IPC one year rigorous imprisonment and fine of Rs.1,000/-, in default, to undergo three months simple imprisonment. 468 of IPC one year rigorous imprisonment and fine of Rs.1,000/-, in default, to undergo three months simple imprisonment. 471 r/w 468 of IPC one year rigorous imprisonment and fine of Rs.1,000/-, in default, to undergo three months simple imprisonment. The sentences were ordered to run concurrently. 2/6 https://www.mhc.tn.gov.in/judis Crl.M.P.No.5523 of 2026 3. The learned counsel appearing for the petitioner/appellant submitted that the petitioner is innocent and has been false ly 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 fi nal 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 of Rs.8,000/- has been paid by the petitioner/appellant on 09.01.2026. He further submit ted that this Court, vide orders dated 02.03.2026 and 24.03.2026, in Crl.M.P.Nos.3886 & 5351 of 2026 respectively, 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. 4. Learned Special Public Prosecutor appearing for the respondent opposed the grant of suspension of sentence stating tha t the petitioner, in collusion with other accused, by forging and fa lsifying the documents, cheated the bank and caused a huge financial loss. H e further submitted that the trial Court, after taking into consider ation 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 3/6 https://www.mhc.tn.gov.in/judis Crl.M.P.No.5523 of 2026 learned Special Public Prosecutor (CBI) appearing for the resp ondent 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 have 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 senten ce 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 Court 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 the month concerned at 10.30 a.m., until further orders. (iii) In the event of the petitioner not being able to appear before the trial Court 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 4/6 https://www.mhc.tn.gov.in/judis Crl.M.P.No.5523 of 2026 Court and the petitioner shall appear before the trial Court on such other date(s) as directed by the trial Court.” 7. Accordingly, this Criminal Miscellaneous Petition stands ordered. 02.04.2026 SHA To 1. The XXIV Additional City Civil and Sessions Judge for CBI Cases relating to Banks and Financial Institution Scams, Chennai-3. 2. The Inspector of Police, Central Bureau of Investigation/ACB, Shastri Bhavan, Chennai. 3. The Public Prosecutor, High Court of Madras. 5/6 https://www.mhc.tn.gov.in/judis Crl.M.P.No.5523 of 2026 A.D.JAGADISH CHANDIRA, J. SHA Crl.M.P.No.5523 of 2026 in Crl.A.No.336 of 2026 02.04.2026 6/6 https://www.mhc.tn.gov.in/judis