Deepak V.Menon v. The Superintendent of Police

O R D E R This Criminal Miscellaneous Petition has been filed by the petitioner, seeking suspension of sentence imposed by the learned XI Additional Special Judge For CBI Cases Relating to Banks and Financial Institutions, Chennai in CC.No.23 of 2010 dated 29.06.2026 and enlarge the petitioner on bail pending disposal of the above appeal.

¶2The petitioner herein is the 1st accused in CC.No.23 of 2010 on the file of the learned XI Additional Special Judge For CBI Cases Relating to Banks and Financial Institutions, Chennai. He was found guilty of the offences punishable under Sections 120 B read with 420, 467, 468 read with 471 of IPC and Section 13(2) read with 13(1)(d) of PC Act, 1988 and he had been convicted and sentenced as under: S.No. Conviction Sentence Section 420 of IPC (28 Counts) to

undergo

rigorous imprisonment for a period of five years and to pay fine of Rs.2,000/- for each Count in default to undergo simple imprisonment for two months. Section 409 of IPC to

undergo

rigorous imprisonment for a period of seven years and to pay fine of Rs.3,000/- for each Counter in default to undergo

simple imprisonment for three months. Aggrieved by the same, the petitioner has filed this appeal along with the present miscellaneous petition.

¶3The learned counsel for the petitioner/1st accused would submit that there are arguable points available in the Criminal Appeal and the petitioner/1st accused has got a fair chance of succeeding in the Criminal Appeal and hence, the substantive sentence imposed against the petitioner/1st accused may be suspended. He would further submit that the petitioner is ready to abide the condition imposed by this Court.

¶4Per contra, the learned Special Public Prosecutor (CBI) appearing for the respondent/State raised serious objection for allowing this petition. Further, he would contend that the evidences recorded from the prosecution witnesses would prove the case of the prosecution beyond reasonable doubt. According to him, interference of this Court is not necessary in the findings arrived at by the trial Court.

¶5Heard the learned counsel appearing on either side and also perused the materials placed on record.

¶6Considering the facts and circumstances of the case coupled with the quantum of punishment imposed upon the petitioner, also by considering the submissions of the learned counsel appearing for the petitioner and the learned Special Public Prosecutor (CBI) appearing for the respondent/police, further this criminal appeal is not likely to be taken for final hearing in the near future, this Court is of the view that the substantive sentence of imprisonment alone can be suspended on certain conditions.

¶7Accordingly, till the disposal of the Criminal Appeal, the substantive sentence of imprisonment imposed by the learned trial Judge is alone suspended and bail are granted on the following conditions:

(a) The petitioner/1st accused is ordered to be released on bail, on he executing a separate 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.

(b) The petitioner/1st accused and the sureties shall affix their photographs and Left Thumb Impressions in the surety bonds and the Magistrate may obtain a copy of their Aadhaar Cards or Bank Pass Books to ensure their identities.

(c) The petitioner shall appear before the Trial Court once in a month, until the disposal of the Criminal Appeal and if he is not able to appear before the trial Court on any month, he shall make arrangements to file an application under Section 317 Cr.P.C. and shall appear before the trial Court on any other month in lieu of the date of his absence, as directed by the trial Court.

¶8With the above directions, this Criminal Miscellaneous Petition is ordered.

21.07.2026 Index : Yes/No : Yes/No Speaking/non-speaking order dm Note: Issue order copy today. To

1.The XI Additional Special Judge For CBI Cases Relating to Banks and Financial Institutions, Chennai.

2.The Superintendent of Police, CBI/ACB/Chennai.

3.The Public Prosecutor, High Court of Madras, Chennai. Crl.M.P.No.11860oofo2026 inoCrl.A.No.821oofo2026 oG.K.oILANTHIRAIYANoo,oJo. dm Crl.M.P.No.11860oofo2026 inoCrl.A.No.821oofo2026

21.07.2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 21.07.2026 CORAM THE HON'BLE MR JUSTICE G.K. ILANTHIRAIYAN Deepak V. Menon … Petitioner/Accused No.1 vs. The Superintendent of Police, CBI/ACB/Chennai RC No.24/A/2009 … Respondent/Complainant PRAYER:- Criminal Miscellaneous Petition is filed under Section 389(3) read with 430(1) of BNSS, to suspend the sentence of imprisonment passed by the Court of XI Additional Special Judge For CBI Cases Relating to Banks and Financial Institutions, Chennai, in CC.No.23 of 2010 dated 29.06.2026 and direct to release of the petitioner/appellant/Accused-1 on bail with reasonable conditions pending disposal of the appeal by this Court. For Petitioner : Mr.T.Sivananthan For Respondent : Mr.N.Baaskaran Special Public Prosecutor (CBI)