Mr.M.Shahul Hameed v. Mrs. S. Ameetha Banu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26-09-2025

CORAM

THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI IN CRL RC NO. 1862 OF 2025 Mr.M.SHAHUL HAMEED S/o. K. Mohamed Ibrahim, No.6/11, Valampuri Vinayagar Street, Majid Nagar, Saligramam, Chennai-600 093.

Petitioner(s) Vs 1.Mrs.S.AMEETHA BANU W/o. K.M. Shahul Hameed No.37, New No.69, 5th Street, Vijayaraghavapuram, Saligramam, Chennai-93.

2.Aadhira (Minor) Represented by her mother S.Ameetha Banu.

Respondent(s) PRAYER: To suspend the sentence imposed on the petitioner by order dated 03.09.2025 in M.P.No.259 of 2025 in M.P.No.1229 of 2022 in M.C.No.163 of 2021, on the file of the V Additional Family Court, Chennai, pending disposal of the above Criminal Revision Petition.

For Petitioner(s):

Mr.S.Ananda Kumar For Respondent:

ORDER

This Criminal Miscellaneous Petition has been filed by the petitioner, to suspend the sentence imposed on the petitioner by order dated 03.09.2025 in M.P.No.259 of 2025 in M.P.No.1229 of 2022 in M.C.No.163 of 2021, on the file of the V Additional Family Court, Chennai, pending disposal of the above Criminal Revision Petition.

2.

The learned counsel for the petitioner/accused submitted that for the alleged non-compliance of the interim maintenance order passed by the learned V Additional Family Judge, in M.P.No.1229 of 2022, has directed the petitioner to undergo imprisonment for 15 months. Pursuant to the said order, the petitioner has been arrested and is presently in judicial custody. He would submit that the petitioner is ready to abide the condition imposed by this Court.

3. 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, the reliefs of suspension of sentence and bail are granted on the following conditions:

(a) the petitioner is directed to deposit a sum of Rs.2,00,000/- (Rupees Two Lakhs only), to the credit of MC.NO.163 of 2021, on the file of the V Additional Family Court, Chennai, within a period of two weeks from the date of receipt of a copy of this order.

(b) 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 V Additional Family Court, Chennai. (c) 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 Aadhar Cards or Bank Pass Books to ensure their identities.

(d) The petitioner shall appear before the Trial Court on every Saturday at 10.30 a.m., until the disposal of the Criminal revision 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.

(e) the defacto complainant is permitted to withdraw the amount deposited by the petitioner in MC.No.163 of 2021, on the file of the V Additional Family Court, Chennai, on proper identification, in the manner known to law.

4.

With the above directions, this Criminal Miscellaneous Petition is ordered.

26-09-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes rri

To 1.The V Additional Family Court, Chennai.

2.The Superintendent of Jail, Puzhal Jail, Chennai.

3.The Public Prosecutor, High Court of Madras.

T.V.THAMILSELVI J.

rri CRL MP No. 18275 of IN CRL RC NO. 1862 OF 2025 26-09-2025