Syeth Liyagath Ali v. The State by

ORDER This Criminal Miscellaneous Petition has been filed by the petitioner, to suspend the sentence passed by the Learned District and Sessions Judge Thiruppathur, Thiruppathur District in Special S.C.No.4/2024 in the judgement dated 04.04.2025 pending above criminal appeal and enlarge him on bail.

¶2The petitioner herein is the accused in Special S.C.No.4/2024 on the file of the Learned District and Sessions Judge Thiruppathur, Thiruppathur District. He was convicted under Section 366 of IPC and sentenced to undergo imprisonment for two years and also imposed to pay a sum of Rs.2,000/- as fine and in default to undergo simple imprisonment for 3 months and further convicted u/s 5(m) r/w 6 of POCSO Act, 2012 and sentenced to undergo R.I for 20 years and imposed to pay a sum of Rs.5,000/- as fine and in default to undergo one year S.I. Against which months. against which, the present Criminal appeal has been filed.

¶3The 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 is ready to abide the condition imposed by this Court.

¶4Considering 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 is directed to deposit a sum of Rs.20,000/- (Rupees Twenty thousand only), to the credit of S.C.No.4/2024 on the file of the Learned District and Sessions Judge Thiruppathur, Thiruppathur District, without prejudice his defence, within a period of three 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 District and Sessions Judge Thiruppathur, Thiruppathur District

(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 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 defacto complainant is permitted to withdraw the amount, deposited by the petitioner, in S.C.No.4/2024 on the file of the Learned District and Sessions Judge Thiruppathur, Thiruppathur District, on proper identification, in the manner known to law.

¶5With the above directions, this Criminal Miscellaneous Petition is ordered. 26-11-2025 smn Index:Yes/No Speaking/Non-speaking order Internet:Yes To.

¶1The Inspector of Police, All Women Police Station, Vaniampadi, Police Station, Thiruppathur District

¶2The Learned District and Sessions Judge Thiruppathur, Thiruppathur District

¶3The Superintendent, Central Prison, Vellore

¶3The Public Prosecutor, High Court, Madras CRLeMPeNo.e22464eofe2025 T.V.THAMILSELVI,oJ. smn CRLoMPoNo.o22464oofo 2025 INoCRLoAoNO.o1809oOFo 2025 26-11-2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 26-11-2025 CORAM THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI IN CRL A NO. 1809 OF 2025 Syeth Liyagath Ali S/o.Slyed Kadhar, 1/296, Nadutheru Pootai, Village and Anakarapuram, Villupuram District. Petitioner(s) Vs The State By The Inspector of Police, All Women Police Station, Vaniampadi, Police Station, Thiruppathur District. Crime NO.10/2022 Respondent(s) PRAYER: To suspend the sentence passed by the Learned District and Sessions Judge Thiruppathur, Thiruppathur District in Special S.C.No.4/2024 in the judgement dated 04.04.2025 pending above criminal appeal and enlarge him on bail and thus render justice. For Petitioner(s): S.Shanthakumari J.Sentamilarasu For Respondent: Mr.V. Meganathan, Govt Advocate