D.Kalaiselvam v. The State Rep.By, the Inspector of Police,

O R D E R This Criminal Miscellaneous Petition has been filed seeking suspension of sentence of imprisonment, imposed by the learned XXIV Additional City Civil and Sessions Judge for CBI Cases relating to Banks and Financial Institution Scams, Allikulam, Chennai, in C.C.No.22 of 2013, vide judgment dated 09.01.2026.

¶2The conviction and sentence imposed against the petitioner/appellant (A5), vide impugned judgment are as follows:- Under Section Sentence 120B r/w 409, 420, 468, 471 of IPC and Section 13(2) r/w 13(1)(d) of the Prevention of Corruption Act 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.

¶3The learned

counsel

appearing

for

the petitioner/appellant submitted that the petitioner/A5 is innocent and has been falsely 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 final 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 paid by the petitioner/appellant. Hence, the sentence imposed on the petitioner/appellant may be suspended and he may be enlarged on bail.

¶4Learned Special Public Prosecutor appearing for the respondent opposed the suspension of sentence stating that the petitioner/appellant/A5, in collusion with other accused, by forging and falsifying the documents, cheated the bank, obtained home loan and caused a huge financial loss. He further submitted that the trial Court, after taking into consideration the oral and documentary evidence produced by the prosecution, rightly found the petitioner/appellant guilty and convicted and sentenced him, as stated above.

¶5Heard the learned counsel for the petitioner/appellant and learned Special Public Prosecutor (CBI) appearing for the respondent and perused the materials on record.

¶6Considering the facts and circumstances of the case and also the submissions made by the learned counsel on either side, 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 sentence 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 Judge 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 Court and the petitioner shall appear before the trial Court on such other date(s) as directed by the trial Court."

¶7Accordingly, the Criminal Miscellaneous Petition stands ordered.

06.04.2026 ham To

¶1The XXIV Additional City Civil and Sessions Judge for CBI Cases relating to Banks and Financial Institution Scams, Allikulam, Chennai.

¶2The Inspector of Police, Central Bureau of Investigation, Anti-Corruption Branch, Shastri Bhavan, Chennai.

¶3The Public Prosecutor, High Court of Madras.

A.D.JAGADISH CHANDIRA, J. ham in Crl.A.No.389 of 2026

06.04.2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 06.04.2026 CORAM: THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA in Crl.A.No.389 of 2026 D.Kalaiselvam ... Petitioner Vs. The Inspector of Police, Central Bureau of Investigation, Anti-Corruption Branch, Shastri Bhavan, Chennai. ... Respondent PRAYER: Criminal Miscellaneous Petition is filed under Section 430(1) of the Bharatiya Nagarik Suraksha Sanhita, to suspend the execution of sentence and conviction dated 09.01.2026 passed in C.C.No.22 of 2013 against the petitioner/appellant/A5 by the XXIV Additional City Civil and Sessions Court, Allikulam, Chennai, and enlarge the petitioner on bail pending the disposal of the criminal appeal. For Petitioner : Mr.Thomas T.Jacob For Respondent : Mr.N.Baaskaran Special Public Prosecutor (CBI)