CRL MP/5907/2026 of V.Kannan Vs State Rep.by, the Superintendent of Police

Crl.M.P.No.5907 of 2026 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 06.04.2026 CORAM: THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.M.P.No.5907 of 2026 in Crl.A.No.391 of 2026 V.Kannan ... Petitioner Vs. The State represented by, The Superintendent of Police, CBI/ACB/Chennai. ... Respondent PRAYER: Criminal Miscellaneous Petition is filed under Section 430 of the Bharatiya Nagarik Suraksha Sanhita, to suspend the sentence of imprisonment passed by the learned XI Additional Special Judge f or CBI Cases relating to Banks and Financial Institutions, Chennai, i n C.C.No.48 of 2011 dated 27.02.2026 and release the petitioner/appellant/A2 on bail pending disposal of the criminal appeal. For Petitioner : Mr.T.Sivananthan For Respondent : Mr.K.Srinivasan Special Public Prosecutor (CBI) O R D E R This Criminal Miscellaneous Petition has been filed seeking suspension of sentence of imprisonment, passed by the learned XI Additional Special Judge for CBI Cases relating to Banks an d Financial 1/6 https://www.mhc.tn.gov.in/judis Crl.M.P.No.5907 of 2026 Institutions, Chennai, in C.C.No.48 of 2011, vide judgment dated 27.02.2026. 2. The conviction and sentence imposed against the petitioner/appellant (A2), vide impugned judgment are as follows:- Under Section Sentence 120B r/w 420 IPC and under Section 13(2) r/w 13(1)(d) of the Prevention of Corruption Act one year of rigorous imprisonment and fine of Rs.1,000/-, in default, to undergo three months simple imprisonment. 420 of IPC one year of rigorous imprisonment and fine of Rs.1,000/-, in default, to undergo three months simple imprisonment. 13(2) r/w 13(1)(d) of the Prevention of Corruption Act one year of rigorous imprisonment and fine of Rs.1,000/-, in default, to undergo three months simple imprisonment. The sentences were ordered to run concurrently. 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 has been pai d by the 2/6 https://www.mhc.tn.gov.in/judis Crl.M.P.No.5907 of 2026 petitioner/appellant on 27.02.2026. He further submitted that the t rial Court has already suspended the sentence imposed on the petitioner/a ppellant till 28.03.2026. He also submitted that the petitioner is a sexagenar ian having age-related ailments. 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 grant of suspension of sentence stating tha t the petitioner/A2, who was working as a Branch Manager in Union Bank of India, Tiruvannamalai Branch, had entered into a crimina l conspiracy with the other accused and by forging and falsifying the documents such as chitta/adangal, valuation certificates, FMB copies and encumbrance certificates, cheated the bank and caused a huge financial loss. He 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 Special Public Prosecutor appearing for the respondent and perus ed the materials on record. 3/6 https://www.mhc.tn.gov.in/judis Crl.M.P.No.5907 of 2026 6. Considering the facts and circumstances of the case and also the submissions made by the learned counsel on either side, t his Court is inclined to suspend the sentence of imprisonment imposed on the petitioner. Accordingly, till the disposal of the appeal, the relief suspension of sentence is granted to the petitioner, subject to the following conditions:- “(i) The petitioner/appellant shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only), with two sureties, each for a like sum, to the satisfaction of the learned XI Additional Special Judge for CBI Cases relating to Banks and Financial Institutions, Chennai; (ii) The petitioner/appellant shall appear before the trial Court on the first working day of every English calendar month at 10.30 a.m., until further orders.” 7. It is made clear that in the event of the petitioner/app ellant not being able to appear before the trial Court on the specifi ed date, he shall be duly represented by his counsel, who shall file an applic ation under Section 317 Cr.P.C before the trial Court and the petitioner/appellant shall appear before the trial Court on such other date(s) as directe d by the trial Court. 4/6 https://www.mhc.tn.gov.in/judis Crl.M.P.No.5907 of 2026 8. Accordingly, the Criminal Miscellaneous Petition stands ordered. 06.04.2026 ham To 1. The Sessions Judge, XI Additional Special Judge for CBI Cases relating to Banks and Financial Institutions, Chennai. 2. The Inspector of Police, CBI/ACB/Chennai. 3. The Public Prosecutor, High Court of Madras. 5/6 https://www.mhc.tn.gov.in/judis Crl.M.P.No.5907 of 2026 A.D.JAGADISH CHANDIRA, J. ham Crl.M.P.No.5907 of 2026 in Crl.A.No.391 of 2026 06.04.2026 4/4 6/6 https://www.mhc.tn.gov.in/judis