Mohammad Yasir @ Yasir Moulavi v. The Deputy Superintendent Of Police, Q Branch Cid,
CRL MP(MD) NO. 8154 of 2026 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11-06-2026
CORAM
THE HONOURABLE MR JUSTICE N. ANAND VENKATESH AND THE HONOURABLE MR JUSTICE K.K. RAMAKRISHNAN Crl.M.P(MD) No.8154 of 2026 in Crl.A(MD) No.446 of 2026 Mohammad Yasir @ Yasir Moulavi Petitioner Vs The Deputy Superintendent of Police, 'Q' Branch CID, Ramanathapuram.
Crime No.2 of 2021.
Respondent For Petitioner(s):
Mr.B.Mohan For Respondent(s):
Mr.C.Christopher Government Advocate (Crl.Side) Prayer:
C-60. To Suspend the sentence imposed by the learned Principal District and Sessions Judge, Ramanathapuram District in S.C.No.190 of 2023 dated 17.02.2026 pending disposal of the main appeal and release the petitioner on bail.
ORDER
(Order of the Court was made by the Hon'ble N.Anand Venkatesh J.) This petition has been filed to suspend the sentence imposed by the learned Principal District and Sessions Judge, Ramanathapuram District in S.C.No.190 of 2023 dated 17.02.2026 pending disposal of the main appeal and release the petitioner on bail.
2. The case of the prosecution is that A1 and A2 are Sri Lankan nationals and A3 was originally an Indian citizen and later, acquired Malaysian citizenship. It is stated that A1 and A2 fraudulently obtained aadhaar cards in their names with the connivance of A3 and continued to stay in India illegally. They also indulged in criminal acts. Using the aadhaar cards, A1 and A2 also obtained sim cards in their names and later, it was shared with another accused person, who was staying in Pakistan. The illegal acts came to light and the forged aadhaar cards and sim cards standing in the name of A1 and A2 were seized and a case came to be registered in Crime No.2 of 2021 by the Q Branch C.I.D on 27.12.2021 under Sections 465, 468, 471 and 420 of IPC.
3. There are totally five accused persons in this case and the petitioner was arrayed as A1. The Trial Court, on considering the facts and circumstances of the case and on appreciation of oral and documentary evidence came to the conclusion that the prosecution has proved the case beyond reasonable doubt and convicted the petitioner (A1) for the offence under Section 465 IPC and was sentenced to undergo two years Rigorous Imprisonment and imposed fine of Rs.5,000/- in default to undergo two months Simple Imprisonment. Aggrieved by the same, the petitioner (A1) has filed the present appeal.
4. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) appearing on behalf of the respondent.
5. A counter affidavit has been filed by the respondent. The respondent has made serious objections to suspend the sentence and for enlargement of the petitioner on bail. The stand taken in the counter is that the Trial Court has given sufficient reasons as to how the petitioner was involved in forging various documents and was attempting to commit various offences in India and therefore, considering the fact that A1 is a Sri Lankan citizen, the sentence should not be suspended and the bail should not be granted to the petitioner.
6. It is brought to notice of this Court that A2 and A3 moved petitions for suspension of sentence and it has already been granted by this Court Crl.M.P.No.5761 of 2026 in Crl.A(MD) No.334 of 2026 dated 16.03.2026 and Crl.M.P(MD) No.5893 of 2026 in Crl.A(MD) No.339 of 2026, dated 01.04.2026.
7. In view of the same, the petitioner must also be considered on parity and granted suspension of sentence.
8. The learned Government Advocate (Crl.Side) submitted that if the Court is inclined to suspend the sentence, a condition may be imposed by directing the petitioner (A1) to stay at the Special Camp, Tiruchirappalli, in line with G.O.(1D) No.240, dated 21.07.2022.
9. Taking into consideration the facts and circumstances of the case and considering the fact that A2 and A3 have already been granted bail and the petitioner is suffering incarceration from February 2026, this Court is inclined to grant suspension of sentence to the petitioner on following conditions:
i. The petitioner is directed to be enlarged on bail on executing a bond for Rs.10,000/- (Rupees Ten thousand only) with two sureties, each for a like sum to the satisfaction of the learned Principal District and Sessions Judge, Ramanathapuram District.
ii. The sureties shall affix their photographs and left Thumb Impression in the surety bond and the Trial Court may obtain a copy of their Aadhar card or Bank passbook to ensure their identity.
iii. The petitioner shall appear and sign before the trial Court at 10.30 a.m., on the first working day of every English calender month, till the disposal of the Criminal Appeal.
iv. The petitioner shall stay at Special Camp, Tiruchirappalli. (N.ANAND VENKATESH J.) (K.K.RAMAKRISHNAN J.) 11-06-2026 Indu
To 1.The Deputy Superintendent of Police, 'Q' Branch CID, Ramanathapuram.
2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.