Imran v. Stateinspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25-11-2025

CORAM

THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI CRL MP No. 21822 of 2025 & 18227 of 2025 IN CRL A NO. 984 OF 2025

1. Imran

2. Dhilshath Begum Petitioner(s) Vs

1. State Inspector of Police, Vellore North Police Station, Vellore District. Crime No.617 of 2018 Respondent(s) PRAYER To enlarge the petitioner on bail by suspending the sentence imposed on him in S.C.No.220 of 2021 on the file of the Mahila Court Fast Track Mahila Court, Vellore, Vellore District 23.06.2025 CRL MP No. 18227 of 2025 PRAYER To to suspend the sentence in conviction judgement dated 23.06.2025 in S.C.No.220 of 2021 on the file of the Mahila Court Fast Track Mahila Court, Vellore, Vellore District 23.06.2025 For Petitioners M/s. K.Balaji S. Anburaja A.S.Sathiesh Kumard/7487/2017 A.Prabulachandran For Respondent(s):

Mr.V. Meganathan,

Government Advocate (Crl.

Side)

ORDER

These petitions have filed to suspend the sentence in conviction judgement dated 23.06.2025 in S.C.No.220 of 2021 on the file of the Mahila Court Fast Track Mahila Court, Vellore, Vellore District. 2.

The petitioners herein are the accused in S.C.No.220 of 2021 on the file of the Mahila Court Fast Track Mahila Court, Vellore, Vellore District. They were found guilty of the offences under Section 498A abd 306 IPC and they have been convicted and sentenced as under: S.No.

Conviction Sentence Section 498A IPC to undergo rigorous imprisonment for a period of 5 years and to pay fine of Rs.5,000/-, in default to undergo simple imprisonment for three months.

Section 306 of IPC to undergo rigorous imprisonment for a period of 5 years and to pay fine of Rs.50,000/-, in default to undergo simple imprisonment for 6 months.

Aggrieved by the same, the petitioners have filed this appeal along with the present miscellaneous petition.

3.

The learned counsel for the petitioners/accused would submit that there are arguable points available in the Criminal Appeal and the petitioners/accused have got a fair chance of succeeding in the Criminal Appeal

and hence, the substantive sentence imposed against the petitioners/accused may be suspended. He would submit that the petitioners are ready to abide the condition imposed by this Court.

4.

Per contra, the learned Government Advocate (Criminal Side) appearing for the respondent/State raised serious objection for allowing this petition. Further, he would contend that the evidences recorded from the prosecution witnesses would prove the case of the prosecution beyond reasonable doubt. According to him, interference of this Court is not necessary in the findings arrived at by the trial Court. 4.1. Today, the petitioners paid a sum of Rs.1,50,000/- each to the minor child born to the A1 and deceased through Demand draft in favour of I.Rayya and I. Iorran and the said D.D is handed over to the Materal grandfather of the minor child, who take care the minor child and the said amount shall be deposited in the account of the minor child in any of the nationalized bank. It is made clear that the amount paid by the petitioners is for the welfare of the minor child and in respect of other relief he is directed to workout the remedy before the appropriate forum as per manner to law. 5.

Heard the learned counsel appearing on either side and also perused the materials placed on record.

6.

Considering the facts and circumstances of the case coupled with the quantum of punishment imposed upon the petitioners, also by considering the submissions of the learned counsel for the petitioners and the learned Government Advocate (Crl. Side) appearing for the respondent police, 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.

7.

Accordingly, till the disposal of the Criminal Appeal, the substantive sentence of imprisonment imposed by the learned trial Judge is alone suspended and bail are granted on the following conditions: (a) The petitioners/accused are ordered to be released on bail, on their executing a separate 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 Mahila Court Fast Track Mahila Court, Vellore, Vellore District. (b) The petitioners/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 petitioners 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 Appeal and if there are not able

to appear before the trial Court on any day, they shall make arrangements to file an application under Section 317 Cr.P.C. 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. 8.

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

25-11-2025 pbl Index:Yes/No Speaking/Non-speaking order Internet:Yes To

1. The Mahila Court Fast Track Mahila Court, Vellore, Vellore District.

2. The Inspector of Police, Vellore North Police Station, Vellore District.

3. The Central Prison, Vellore.

4. The Public Prosecutor, High court, Madras.

T.V.THAMILSELVI J.

pbl CRL MP No. 21822 of AND CRL A NO. 984 OF 25-11-2025