BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.11.2025 CORAM THE HON'BLE MR.JUSTICE K.MURALI SHANKAR Siva @ 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.

For Petitioner : Mr.R.Vignesh, For Respondents : Mr.C.Muthu Saravanan, for R1 & R2. : Mr.S.Ravi, Additional Public Prosecutor, for R3.

ORDER

This 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;

(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 for 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 un