Arugumagam v. The Sub Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.08.2025

CORAM:

THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY Arumugam ... Petitioner Vs.

State represented by, The Sub - Inspector of Police, Walajapet Police Station, Ranipet District.

(Crime No. 81 of 2022) ... Respondent PRAYER: Criminal Revision Case has been filed under Section 397 & 401 of Code of Criminal Procedure, to set aside the judgment in S.T.C.No. 271 of 2022 dated 11.08.2023 on the file of the Judicial Magistrate II at Walajapet. Confirmed by the II Additional District and Sessions Judge on 09.11.2023 in C.A.No. 125 of 2023 and call for the records and acquit the petitioner from all the charges.

For Petitioner : Mr.A.Nirmal Kumar Sharma For Respondent : Mr.J.Subbiah Government Advocate (Crl.Side)

ORDER

This revision is directed against the judgment of the II Additional District and Sessions Judge, Ranipet at Vellore in Crl.A.No. 125 of 2023 dated 09.11.2023. By the said judgment, the conviction and sentence imposed by the trial Court (Judicial Magistrate No. II, Walajapet) in S.T.C.No. 271 of 2022 1/4

dated 11.08.2023 was confirmed by the appellate Court.

2. Though the learned counsel appearing for the petitioner started arguing the case on merits, it was seen that there is no other criminal case against the petitioner either prior to the registration of this case or subsequently. The petitioner is a government bus driver and the occurrence is said to have happened on 06.02.2022, when this petitioner was driving the bus bearing No. TN-23-N-2674. The injured were travelling in a Honda Dio motorcycle bearing registration No.TN -73-L-7509, and the accident happened while they tried to enter the main road from the service lane.

3. Considering the nature of the accident, while confirming the finding of guilt, without further sentencing the petitioner, this Court is of the view that the petitioner can be enlarged on probation under the provisions of the Probation of Offenders Act, 1958. The finding of guilt will not carry any disqualification either in employment or for any other purpose.

4. In view thereof, this criminal revision case is disposed of on the following terms:

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(i) The finding of guilt against the petitioner for the alleged offences under Sections 279 and 338 of Indian Penal Code by the trial Court and the appellate Court stands confirmed.

(ii) However, instead of sentencing the petitioner, he is ordered to be released on probation under the Probation of Offenders Act, 1958, on the following conditions:

(a) The petitioner shall file bond of good conduct for a period of one year from today (i.e 18.08.2025) and maintain good conduct.

(b) It is made clear that as per the provisions of the Act, this conviction will not be a disqualification for his service or any other purpose.

18.08.2025 nsl D.BHARATHA CHAKRAVARTHY, J.

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nsl To 1.

The Sub - Inspector of Police, Walajapet Police Station, Ranipet District.

2.

The II Additional District and Sessions Judge. Ranipet, Vellore.

3.

The Judicial Magistrate II, Walajapet, Vellore. 4.

The Public Prosecutor, High Court of Madras.

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