Syed Khasim v. State Represented By,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 28-11-2025
CORAM
THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI CRL MP No. 22745 of 2025 ANDCRL A NO. 961 OF 2024
1. Syed Khasim S/o.Abbas, NO.357, Haji Pettai, 1st Street, Mel Visharam, Walaja Taluk, Ranipet.
Petitioner(s) Vs
1. State represented by, The Inspector of Police, Arcot Town Police Station, Ranipet District. Crime No.600 of 2018 Respondent(s) PRAYER To suspend the sentence and enlarge the petitioner on bail imposed in Special Sessions Case No.43 of 2019 dated 12.03.2024, on the file of (On the file of The Special Judge for Exclusive Trial of cases under POCSO Act 2012, Vellore, Vellore District) pending disposal of the above Criminal Appeal and thus render justice.
For Petitioner(s):
R.Sankarasubbu A.Ramesh P.Loganathan V.S.Jothilakshmi S.Jeevanantham
S.Mathivanan M.Santhiya For Respondent:
Mr.V. Meganathan, Govt Advocate
ORDER
This Criminal Miscellaneous Petition has been filed by the petitioner, to suspend the sentence and enlarge the petitioner on bail imposed in Special Sessions Case No.43 of 2019 dated 12.03.2024, on the file of (On the file of the Special Judge for Exclusive Trial of cases under POCSO Act 2012, Vellore, Vellore District) pending disposal of the above Criminal Appeal.
2. The petitioner herein is the accused in Sessions Case No.43 of 2019 dated 12.03.2024, on the file of (On the file of the Special Judge for Exclusive Trial of cases under POCSO Act 2012, Vellore, Vellore District). He was found guilty of the offence under Section 5(i) & 5(m) of POCSO Act r/w Section 6 of POCSO Act, 2012 and sentenced him to undergo twenty years R.I and imposed
a fine of Rs.5,000/- in default top undergo three months S.I. Further he was sentenced him to undergo three years R.I and imposed fine of Rs.3,000/- in default to undergo three months S.I, against which, the present appeal has been filed.
3.
The learned counsel for the petitioner/accused would submit that there are arguable points available in the Criminal appeal and the petitioner/accused has got a fair chance of succeeding in the Criminal appeal and hence, the substantive sentence imposed against the petitioner/accused may be suspended. He would submit that the petitioner has committed any offence and he was in prison for more than two years and 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 appeal 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 appeal, 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, in which one surety must be a blood related surety, each for a like sum to the satisfaction of the learned Special Court for Exclusive Trial of cases under POCSO Act 2012, Vellore, (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 every Tuesday at 10.30 a.m., until the disposal of the Criminal Appeal 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.
(d) the petitioner shall not to have any communication with the victim family.
5.
With the above directions, this Criminal Miscellaneous Petition is ordered.
28-11-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes To.
The Principal Special Court for Exclusive Trial of cases under POCSO Act 2012, Vellore,
2. The Inspector of Police, Arcot Town Police Station, Ranipet District.
3. The Superintendent, Central Prison, Vellore.
T.V.THAMILSELVI ,J.
smn CRL MP No. 22745 of AND CRL A NO. 961 OF 28-11-2025