Crl.M.P.No.12057 of 2025 in Crl.A.No.386 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 26.06.2025 CORAM : THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY Crl.M.P.No.12057 of 2025 in Crl.A.No.386 of 2025 1. R.Amirthambal 2. H.Narayan .. Petitioners Versus State through The Inspector of Police, SPE: CBI, ACB, Chennai, CBI/ACB/Chennai. FIR No.RC MA 1 2012 A 0054 .. Respondent Prayer : Criminal Miscellaneous Petition filed under Section 430 of BNSS, to pass an order suspending the sentence of imprisonment imposed by the learned XII Additional Special Judge for CBI Cases, Chennai in C.C.No.14 of 2015, dated 04.01.2024 and enlarge the petitioners/appellants on bail pending disposal of Crl.A.No.386 of 2025. For Petitioners : Mr.R.Ganesh Kumar For Respondent : Mr.K.Srinivasan, Special Public Prosecutor (CBI Cases) 1/6 https://www.mhc.tn.gov.in/judis Crl.M.P.No.12057 of 2025 in Crl.A.No.386 of 2025 ORDER The prayer is made to suspend the sentence including the fine amount. 2. In this case, the allegation is that the petitioners being agents, attached to the Post Office, cheated the victims by misappropriating the amounts without depositing the same into actual accounts. 3. Considering the fact that the victims were cheated of the total sum of Rs.92,72,805/-, apart from the maximum sentence of Rigorous Imprisonment for a period of five years, fine amounts of Rs.1,03,00,000/- against the first petitioner and Rs.2,50,000/- against the second petitioner, were also imposed. It is stated that the petitioners are not in a position to pay such a huge amount as fine and they are under incarceration for about 18 months which is 1/3rd of their sentence. 4. Considering the age of the petitioners being 68 years and 79 years and considering the fact that they have already undergone 1/3rd of their 2/6 https://www.mhc.tn.gov.in/judis Crl.M.P.No.12057 of 2025 in Crl.A.No.386 of 2025 sentence, I am of the view that the sentence of imprisonment as well as the payment of fine shall be suspended in the instant case as it would take some more time for the appeal book to be made ready and to be taken up for hearing by this Court. 5. 5. In view thereof, the sentence imposed on the petitioners, including the fine amount, by the order, dated 04.01.2024 passed in C.C.No.14 of 2015 on the file of the learned XII Additional Special Judge for CBI Cases, Chennai stands suspended on the following conditions:- (i) The petitioners shall execute a bond for a sum of Rs.25,000/- with two sureties, each for a likesum to the satisfaction of the trial court; (ii) The petitioners and the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Trial Court may obtain a copy of their Aadhar card or Bank pass Book and mobile numbers to ensure their identity; (iii) The petitioners shall appear before the Trial Court on the first working day of every English Calendar month at 10.30 A.M and if they are not able to appear before the Trial Court on any day, they shall make arrangements to file an application under Section 355 of BNSS, 2023 and 3/6 https://www.mhc.tn.gov.in/judis Crl.M.P.No.12057 of 2025 in Crl.A.No.386 of 2025 shall appear before the Trial Court on any other day in lieu of the date of his absence, as directed by the Trial Court; 6. With the above directions, this Criminal Miscellaneous Petition is ordered. 26.06.2025 Neutral Citation : no grs To 1. The XII Additional Special Judge for CBI Cases, Chennai. 2. The Inspector of Police, SPE: CBI, ACB, Chennai, CBI/ACB/Chennai. 3. The Public Prosecutor, High Court of Madras. 4. The Superintendent, Special Prison for Women at Puzhal, Chennai. 4/6 https://www.mhc.tn.gov.in/judis Crl.M.P.No.12057 of 2025 in Crl.A.No.386 of 2025 5. The Superintendent, Central Prison No.I at Puzhal, Chennai. 5/6 https://www.mhc.tn.gov.in/judis Crl.M.P.No.12057 of 2025 in Crl.A.No.386 of 2025 D.BHARATHA CHAKRAVARTHY, J., grs Crl.M.P.No.12057 of 2025 in Crl.A.No.386 of 2025 26.06.2025 6/6 https://www.mhc.tn.gov.in/judis