Madras High Court
Faiyas Ahmed vs State Rep. By on 15 September, 2025
Author: T.V.Thamilselvi
Bench: T.V.Thamilselvi
Crl.M.P.No.17159 of 2025 in
Crl.A.No.1448 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 15.09.2025
CORAM:
THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI
Crl.M.P.No.17159 of 2025
in Crl.A.No.1448 of 2025
1.Faiyas Ahmed
2.Sajid Ahmed
3.Mohammed Ismail
4.Suhel Ahamed .... Petitioners
Vs
State rep. by,
The Inspector of Police,
Ambur Town Police Station,
Vellore District.
(Crime No.304/2015) .... Respondent
PRAYER: Criminal Miscellaneous Petition filed under Section 389 (1)
Cr.P.C., to suspend the sentence and conviction imposed against the appellant
by judgment dated 28.08.2025 by the District and Sessions Court, Tirupattur
passed in S.C.No.175 of 2017 and enlarge the Petitioners on bail till the
disposal of the above Criminal Appeal.
For Petitioners : Mr.M.Mohammed Riyas
For Respondent : Mr.V.Meganathan
Government Advocate (Crl.Side)
1/6
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Crl.M.P.No.17159 of 2025 in
Crl.A.No.1448 of 2025
ORDER
This Criminal Miscellaneous Petition has been filed by the petitioners,
seeking suspension of sentence and conviction imposed against the petitioners
by judgment dated 28.08.2025 by the District and Sessions Court, Tirupattur
passed in S.C.No.175 of 2017 and enlarge the petitioners on bail till the
disposal of the above Criminal Appeal.
2.The petitioners herein are the accused in S.C.No.175 of 2017 on the
file of the District and Sessions Court, Tirupattur. They were found guilty for
the offence under Section 148 r/w. 34 of IPC to undergo simple imprisonment
for 2 years and to pay fine of Rs.3,000/- in default to undergo simple
imprisonment for the period of 3 months, 353 r/w. 34 of IPC to undergo simple
imprisonment for one year and to pay fine of Rs.1,000/- in default to undergo
simple imprisonment for the period of 3 months, 506 (ii) r/w. 34 of IPC to
undergo simple imprisonment for 3 years and to pay fine of Rs.2,000/- in
default to undergo simple imprisonment for the period of one year and section
324 of IPC to undergo simple imprisonment for 3 years and to pay fine of
Rs.5,000/- in default to undergo simple imprisonment for the period of 6
months. Aggrieved by the same, the present petition has been filed.
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Crl.M.P.No.17159 of 2025 in
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
and the petitioners are ready to abide any condition to be imposed by this
Court.
4.Heard the learned counsel appearing on either side and also perused the
materials placed on record.
5.Considering the submissions of the learned counsel for the petitioners,
coupled with the quantum of punishment imposed upon the petitioner and
taking into consideration the fact that 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 Case, the
reliefs of suspension of sentence and bail are granted on the following
conditions:
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Crl.M.P.No.17159 of 2025 in
(i) The petitioners shall execute a bond for a sum of
Rs.25,000/- with two sureties, each for a likesum to the
satisfaction of the Judicial Magistrate, Ambur;
(ii) The petitioners and 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
pass Book and mobile numbers to ensure their identity;
(iii) 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 appeal 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;
6With the above directions, this Criminal Miscellaneous Petition is
ordered.
15.09.2025
Index : Yes/No
Neutral citation : Yes/No
Speaking/non-speaking order
pam
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Crl.M.P.No.17159 of 2025 in
To
1.The Judicial Magistrate,
Ambur.
2.The District and Sessions Court,
Tirupattur.
3.The Inspector of Police,
Ambur Town Police Station,
Vellore District.
(Crime No.304/2015)
4.The Public Prosecutor,
High Court of Madras.
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Crl.M.P.No.17159 of 2025 in
T.V.THAMILSELVI, J.
pam
15.09.2025
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