High Court · 2025

Crl.O.P.(MD)No.21436 of 2025BEFORE THE MADURAI BENCH OF MADRAS HIGH COURTDATED: 26.11.2025CORAMTHE HON'BLE MR.JUSTICE K.MURALI SHANKARCrl.O.P.(MD)No.21436 of 2025Siva @ Suresh : Petitioner Vs. 1.The State rep.by the Inspector of Police, CB: ACB Chennai, RC MAI 12004 A0018.2.The Inspector of Police, SB:CBI:ACB, Chennai. RC MAI 2003 A0019.3.The Superintendent of Prison, Central Prison, Madurai. : Respondents PRAYER : Criminal Original Petition filed under Section 528 of BNSS, to direct the petitioner to serve the sentences imposed on the petitioner, in judgment by the learned II Additional District Court for CBI cases, Madurai in C.C.No.6 of 2005, dated 17.03.2017, which was confirmed by this Court in Crl.A(MD)No.58 of 2017, dated 19.03.2024 to undergone by the petitioner and the earlier sentence imposed in the judgment by the learned II Additional District Court for CBI cases, Madurai in C.C.No.4 of 2006, dated 17.03.2017, which was confirmed by this Court in Crl.A(MD)No.127 of 2017, dated 09.03.2023.1/8 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD)No.21436 of 2025 For Petitioner : Mr.R.Vignesh, For Respondents : Mr.C.Muthu Saravanan, for R1 & R2. : Mr.S.Ravi, Additional Public Prosecutor, for R3. ORDERThis Criminal Original Petition has been filed, invoking Section 528 of BNSS, seeking orders that sentence imposed on the petitioner in C.C.No.6 of 2005, dated 17.03.2017, which was confirmed by this Court in Crl.A(MD)No.58 of 2017, dated 19.03.2024 to undergone by the petitioner and the earlier sentence imposed in C.C.No.4 of 2006, dated 17.03.2017, which was also confirmed by this Court in Crl.A(MD)No.127 of 2017, to run concurrently. 2. It is not in dispute that in the case in C.C.No.6 of 2005, the petitioner was convicted (i) for the offence under Sections 120-B r/w 420 IPC r/w 34 IPC (17 counts) and sentenced him to undergo 7 years each for the charge and to pay a fine of Rs.5000/- each (Rs.5000 x 17 = Rs.85,000/-) in default to undergo Simple Imprisonment for 3 months each; 2/8 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD)No.21436 of 2025(ii) for the offence under Sections 120-B r/w 467 r/w 471 and 201 IPC r/w 34 IPC (17 counts) and sentenced him to undergo 30 months each for the charge and to pay a fine of Rs.1000/- each (Rs.1,000 x 17 = Rs.17,000/-) in default to undergo Simple Imprisonment for one month each;(iii) for the offence under Sections 120-B r/w 468 r/w 471 IPC r/w 34 IPC (17 counts) and sentenced him to undergo 7 years each for the charge and to pay a fine of Rs.5000/- each (Rs.5,000 x 17 = Rs.85,000/-) in default to undergo Simple Imprisonment for 3 months each;(iv) for the offence under under Sections 120-B r/w 467 r/w 471 IPC each (17 counts) and sentenced him to undergo 10 years for the charge; and to pay a fine of Rs.10,000 x 17 = Rs.1,70,000/-) in default to undergo Simple Imprisonment for 6 months each; (v) for the offence under Sections 120-B r/w 116 r/w 467 r/w 471 IPC and sentenced him to undergo 5 years for the charge and to pay a fine of Rs.2,000/- in default to undergo simple imprisonment for one month; (vi) for the offence under Sections 120-B r/w 13(2) r/w 13(1)(d) of Prevention of Corruption Act 1988 and sentenced him to undergo 7 years 3/8 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD)No.21436 of 2025for the charge and to pay a fine of Rs.5,000/- in default to undergo simple imprisonment for three months. 3. It is further evident that the case in C.C.No.4 of 2006, the petitioner was convicted (i) for the offence under Section 120(B) r/w 420 IPC sentenced to undergo 7 years each for the charge and to pay a fine of Rs.5,000/- in default to undergo 3 months simple imprisonment; (ii) for the offence under Section 120(B) r/w 419 IPC sentenced to undergo 3 years each for the charge and to pay a fine of Rs.5,000/- in default to undergo 3 months simple imprisonment ; (iii) for the offence under Section 120(B) r/w 467 IPC sentenced to undergo 7 years each for the charge and to pay a fine of Rs.5,000/- in default to undergo 3 months simple imprisonment; (iv) for the offence under Section 120(B) r/w 468 IPC sentenced to undergo 7 years each for the charge and to pay a fine of Rs.5,000/- in default to undergo 3 months simple imprisonment ;(v) for the offence under Section 120(B) r/w 471 IPC sentenced to undergo 7 years each for the charge and to pay a fine of Rs.5,000/- in default to undergo 3 months simple imprisonment;4/8 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD)No.21436 of 2025(vi) for the offence under Section 420 IPC sentenced to undergo 7 years each for the charge and to pay a fine of Rs.5,000/- in default to undergo 3 months simple imprisonment ; (vii) for the offence under Section 419 IPC sentenced to undergo 3 years each for the charge and to pay a fine of Rs.5,000/- in default to undergo 3 months simple imprisonment ;(viii) for the offence under Section 467 IPC sentenced to undergo 7 years each for the charge and to pay a fine of Rs.5,000/- in default to undergo 3 months simple imprisonment ;(ix) for the offence under Section 468 IPC sentenced to undergo 7 years each for the charge and to pay a fine of Rs.5,000/- in default to undergo 3 months simple imprisonment ;(x) for the offence under Section 471 IPC sentenced to undergo 7 years each for the charge and to pay a fine of Rs.5,000/- in default to undergo 3 months simple imprisonment.4.Section 427(1) of Cr.P.C., contemplates that when a person already undergoing a sentence of imprisonment is sentenced on a 5/8 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD)No.21436 of 2025subsequent conviction to imprisonment or imprisonment for life, such imprisonment or imprisonment for life shall commence at the expiration of the imprisonment to which he has been previously sentenced, unless the Court directs that the subsequent sentence shall run concurrently with such previous sentence.5. No doubt, section 427(2) Cr.P.C., contemplates that when a person already undergoing a sentence of imprisonment for life is sentenced on a subsequent conviction to imprisonment for a term or imprisonment for life, the subsequent sentence shall run concurrently with such previous sentence.6. But sofar as the Section 427(1) is concerned, it is not mandatory and it is the discretion of the Court to decide whether a subsequent sentence run concurrently or consecutively with a prior sentence. In the present case, as already pointed out, in the first case, the petitioner was convicted for the offence under Sections 120-B r/w 420 IPC r/w 34 IPC (17 counts) ; Sections 120-B r/w 467 r/w 471 and 201 IPC r/w 34 IPC (17 counts); Sections 120-B r/w 468 r/w 471 IPC r/w 34 IPC (17 counts); 6/8 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD)No.21436 of 2025Sections 120-B r/w 467 r/w 471 IPC (17 counts); 120-B r/w 116 r/w 467 r/w 471 IPC and apart from other offences under Sections 120-B r/w 13(2) r/w 13(1)(d) of Prevention of Corruption Act. 7. It is pertinent to note that the amount involved is to the tune of Rs.1 Crore. More over, the petitioner has not claimed the above relief, when the appeal was pending before this Court. Considering the facts and circumstances of the case, the gravity of the charges levelled and proved, and the period of imprisonment awarded, this Court is of the view that it is not a fit case for exercising discretion and consequently this Court concludes that the Criminal original petition is devoid of merits and the same is liable to dismissed. 8. In the result, the Criminal Original Petition is dismissed. 26.11.2025NCC :Yes/NoIndex :Yes/NoInternet : Yes/ Nodas7/8 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD)No.21436 of 2025K.MURALI SHANKAR,J.dasTo1.The State rep.by the Inspector of Police, CB: ACB Chennai, RC MAI 12004 A0018.2.The Inspector of Police, SB:CBI:ACB, Chennai. RC MAI 2003 A0019.3.The Superintendent of Prison, Central Prison, Madurai. 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.Order made inCrl.O.P.(MD)No.21436 of 2025Dated: 26.11.20258/8