Madras High Court (SUNDER MOHAN J.), order dated 05-02-2026 in Crl.M.P.No.415 of 2026 in Crl.R.C.No.54 of 2026 (filed under Section 438(1) of BNSS, 2023): Allowed. M. Gnanasekaran (A1), a land broker, had been convicted by the Judicial Magistrate No.I, Chengalpattu in C.C.No.245 of 2017 dated 29.04.2022 for offences under Sections 419, 465 and 468 IPC - two years' imprisonment under each section, the sentences ordered to run concurrently, with a fine of Rs.10,000/- (in default, simple imprisonment for one month) - and the conviction was confirmed by the Additional District and Sessions Judge, Chengalpattu in Crl.A.No.13 of 2022 dated 27.11.2025. Prosecution case: the second accused, claiming himself to be Mr. S. Nagarajan (co-owner of the property with the de-facto complainant), had impersonated and executed a power of attorney in favour of the petitioner, on whose basis damage was caused to an iron fence and a hut on the property. Seeking suspension of sentence and bail pending his revision, the petitioner urged that he was merely an agent with no allegation that he induced the impersonation, and that the impersonator (A2) had already compromised with the de-facto complainant, the proceedings against A2 having been quashed in Crl.O.P.No.22054 of 2019 dated 16.08.2019. The Court found the petitioner admittedly only a power agent who had executed no document pursuant to the power of attorney, saw considerable force in the submissions in view of the A2 compromise, and held that a prima facie case for suspension was made out, the revision being unlikely to be taken up in the near future. The sentence was suspended till disposal of the revision and bail ordered on a bond of Rs.25,000 with two like sureties, identity verification (photographs, Left Thumb Impression, Aadhar card/Bank pass Book/mobile numbers), and monthly appearance before the Trial Court on the first working day at 10.30 a.m., absence to be covered by an application under Section 317 Cr.P.C. (Crime No.578/2015, E-8 Kelambakkam Police Station.)
