Srinivasan v. The State Rep by the Inspector of Police

ORDER This criminal original petition has been filed challenging the order dated 13.07.2026 passed in Crl.M.P.No.2446 of 2026 in C.A.No.38 of 2026 by the learned Principal Sessions Judge, Vellore.

¶2The petitioner was tried as Accused No.1 (A1) for the alleged offences under Sections 465, 466, 468, 471, 420 and 511 of the Indian Penal Code (IPC).

¶3The case of the prosecution is that the petitioner forged an appointment order to make it appear as if he was appointed as a Field Assistant, presented the same to the appropriate authority and claimed the office. Upon finding the petitioner/A1 guilty, the Trial Court convicted and sentenced him to undergo 1 year simple imprisonment and a fine of Rs.5,000/-, i/d to undergo 2 months simple imprisonment for the offence under Section 471 of IPC and to undergo 1 year simple imprisonment and a fine of Rs.5,000/-, i/d to undergo 2 months simple imprisonment for the offence under Section 420 r/w. 511 of IPC. Page3 of 6

¶4The learned counsel for the petitioner submitted that the fine amounts have already been remitted and the Trial Court had suspended the substantive sentence until today (20.07.2026), vide order dated 19.06.2026 passed in Crl.MP.No.6506 of 2026 in C.C.No.128 of 2020. He further submitted that, in the meantime, the criminal appeal was taken on file, but the suspension of sentence application was dismissed by the Appellate Court through the aforementioned impugned order. Hence, the petitioner has preferred the present petition.

¶5The learned counsel for Government of Tamil Nadu (Criminal Side) appearing for the respondent police, submitted that the petitioner has no other previous history or involvement in any other case and that the period of conviction is one year.

¶6Heard the submissions made on either side and perused the materials available on record.

¶7Taking into consideration the fact that the Trial Court itself had suspended the sentence till today (20.07.2026) and further considering the Page4 of 6 fact that it will take atleast some period of time before the main appeal is taken up for final hearing, this Court is of the view that the petitioner is entitled to the suspension of sentence.

¶8Accordingly, the impugned order dated 13.07.2026 passed in Crl.M.P.No.2446 of 2026 in C.A.No.38 of 2026 by the learned Principal Sessions Judge, Vellore, is set aside and the suspension of sentence is granted on the following terms:

(a) The substantive sentence of imprisonment imposed by the learned Judicial Magistrate No.II, Vellore, vide judgement dated 19.06.2026 in C.C.No.128 of 2020, shall stand suspended pending disposal of the appeal.

(b) The petitioner 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 learned Judicial Magistrate No.II, Vellore.

(c) 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 Passbooks to ensure their Page5 of 6 identities.

(d) The petitioner shall appear before the Appellate Court on all hearing dates and co-operate for the speedy disposal of the appeal.

¶9With the above directions, this criminal original petition stands disposed of. Connected miscellaneous petition is closed. 20-07-2026 Sni To

1.The Principal Sessions Judge, Vellore.

2.The Judicial Magistrate No.II, Vellore.

3.The Inspector of Police, District Crime Branch, Vellore Police Station.

4.The Public Prosecutor, High Court of Madras. CRL.OP.No.19289oofo2026 D.BHARATHAoCHAKRAVARTHY,oJ. Sni CRL.OP.No.19289oofo2026 andoCRL.MP.No.12831oofo2026 20-07-2026 Page6oofo6

Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 20-07-2026 CORAM: THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY and CRL.MP.No.12831 of 2026 S.Srinivasan ..Petitioner(s) Vs. The State Rep. by The Inspector of Police, District Crime Branch, Vellore P.S, Tamil Nadu, (Crime No.1 of 2019) ..Respondent(s) PRAYER: Criminal Original Petition filed under Section 528 of BNSS, praying to set aside the order passed by the Court of Sessions Division of Vellore, Vellore District in Crl.M.P.No2446 of 2026 in C.A.No.38 of 2026 dated 13.07.2026. For Petitioner(s): Mr.E.Kannadasan For Respondent(s): Mr.R.Rajasekaran, Counsel for Government of Tamil Nadu (Crl.Side) Page2 of 6