Shahul Hameed v. The State Rep. By The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 23-09-2025
CORAM
THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI CRL MP Nos. 17225 & 17227 of 2025 IN CRL RC NO. 1689 OF 2025 Shahul Hameed S/o.Abdul Jaleel, 1/534 Akash Nagar, 3rd street, vellakaradu, SIDCO, mudalipalayam, Tiruppur.
Petitioner(s) Vs The State Rep. by the Inspector of Police, Nallur Police Station, Tiruppur, Tiruppur District.
(Crime No.1427 of 2020) Respondent(s) For Petitioner(s):
C.S.Saravanan For Respondent(s):
Dr.C.E.Pratap Government Advocate (Crl.Side)
COMMON ORDER These Criminal Miscellaneous Petition have been filed by the petitioner, to suspend the sentence and enlarge the petitioner on bail imposed in C.A.No.232 of 2024 on the file of the learned Special Court for trial of cases under SC/ST (POA) Act, Tiruppur, dated 25.07.2025 against in C.C.No.140 of 2021 on the file of the Judicial Magistrate No.IV, Tiruppur Judgement dated 12.06.2024, and to exempt the petitioner from surrendering, pending disposal of the above Criminal Revision.
2. The petitioner herein is the accused in C.C.No.140 of 2021 on the file of the Judicial Magistrate No.IV, Tiruppur, and he has been convicted for the offences under Sections 279 and 304A of IPC to under go fine of Rs.1,000/- in default 1 month RI for the offence under Section 279 of IPC and to undergo 6 months for RI and fine of Rs.1,000/- in default 1 month RI for the offence under Section 304 A IPC and total fine of Rs.2,000/- . Aggrieved by the same, the petitioner had filed appeal in C.A.No.232 of 2024 before the learned Special Court for Trial of Cases under SC/ST (POA) Act, Tiruppur. The learned trial
Judge had dismissed the appeal and confirmed the conviction and sentence, against which the present revision has been filed. 3.
The learned counsel for the petitioner/accused would submit that there are arguable points available in the Criminal Revision Case and the petitioner/accused has got a fair chance of succeeding in the Criminal Revision Case and hence, the substantive sentence imposed against the petitioner/accused may be suspended. Further it is his specific submission that the petitioner was enlarged on bail during the time of pendency of the appeal before the first appellate Court. He would submit that the petitioner is ready to abide the condition imposed by this Court.
4. Considering the facts and circumstances of the case coupled with the quantum of punishment imposed upon the petitioner, also by considering the submissions of the learned counsel for the petitioner, further this Criminal Revision is not likely to be taken for final hearing in the near future, this Court is of the view that the substantive sentence of imprisonment alone can be
suspended on certain conditions. Accordingly, till the disposal of the Criminal Revision Case, the reliefs of suspension of sentence and bail are granted on the following conditions:
(a) the petitioner/accused is ordered to be released on bail, on executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate No.IV, Tiruppur. (b) The petitioner/accused and 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 Pass Books to ensure their identities.
(c) The petitioner shall appear before the Trial Court on the first working day of every English Calendar month at 10.30 a.m., until the disposal of the Criminal revision petition and if he is not able to appear before the trial Court on any day, he shall make arrangements to file an application under Section 355 of BNSS, 2023. and shall appear before the trial Court on any other day in lieu of the date of his absence, as directed by the trial Court.
5.
With the above directions, these Criminal Miscellaneous Petitions are ordered.
23-09-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes Note: Issue order copy by 24.09.2025 RRI
To 1.The State Rep. by the Inspector of Police, Nallur Police Station, Tiruppur, Tiruppur District.
(Crime No.1427 of 2020)
2. The Special Court for trial of cases under SC/ST (POA) Act, Tiruppur.
3. The Judicial Magistrate No.IV, Tiruppur.
T.V.THAMILSELVI J.
rri CRL MP Nos. 17225 & 17227 of 2025 IN CRL RC NO. 1689 OF 23-09-2025