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Madras High CourtCRL RC/412/2012dismissed

Sokku @ Asokan v. The Inspector Of Police

2019-04-02Honourable Dr Justice G. Jayachandran3 pages

Bail Slip.

That the Petitioner in Crl.R.C.No.412 of 2012 viz Sokku @ Asokan S/o. Perumal, aged 34 years Accused 2 in S.C.No.105 of 1999 dated 23.12.2010 on the file of the Assistant Sessions Judge, Vaniyambadi Vellore District was directed to be released on bail as per order of this Court dated 18.04.2012 and made in M.P. 1/2012 in Crl.R.C.No.412 of 2012.

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 02.04.2019 Coram:

THE HONOURABLE DR. JUSTICE G. JAYACHANDRAN Criminal Revision Case No.412 of 2012 Sokku @ Asokan .. Petitioner/Accused 2 /versus/ State by the Inspector of Police, Ambur Taluk Police Station, Vellore District.

(Crime No.458/1996) .. Respondent/Complainant Criminal Revision Case filed under Section 397 & 401 of the Criminal Procedure Code to call for the records on the file of the learned Additional District and Sessions Judge (Fast Track Court), Thiruppathur, Vellore District in C.A.No.36 of 2011 dated 20.09.2011 and confirming the judgment passed by the learned Assistant Sessions Judge, Vaniyambodi, Vellore District in S.C.No.105 of 1999 dated 23.12.2010 and set aside the judgment dated 20.09.2011.

For Petitioner :Mr.E.Kannadasan For Respondent :Mr.T.Shunmugarajeswaran G.A.

O R D E R

Heard the learned counsel appearing for the petitioner and the learned Government Advocate appearing for the State. 2.The revision petitioner herein is the second accused in S.C.No.105 of 1999 tried by the learned Assistant Sessions Judge, Vaniyambadi, Vellore District.

3.This is a case of dacoity during the early hour on 28.12.1996 in a remote village of Vellore District, five persons were tried for the offence under Sections 395 and 397 of the Indian Penal Code. Relying upon the evidence of the injured witnesses, the other eye witnesses and the recovery of incriminating materials based on the confession of the accused persons, both the Courts below held the accused guilty and sentenced them to undergo seven years Rigorous Imprisonment to each of the accused and to pay a fine of Rs.2,500/- each, in default to undergo 6 months Rigorous Imprisonment. The connected revision petitions preferred by the other accused were heard and dismissed by this Court vide, the detailed order in Crl.R.C.Nos.1407, 1452 and 1436 of 2011 dated 26.02.2019.

This accused is one of the members of the dacoity team and enough materials were placed before the Court incriminating the accused along with other persons. Therefore, no further detail discussion about the facts and law is required. Hence, this Criminal Revision Petition challenging the concurrent findings of the Courts below deserves to be dismissed.

4. Accordingly, this Criminal Revision Case is dismissed. The judgments of the Courts below is hereby confirmed. Bail bond, if any executed by the accused shall stand cancelled. The period of sentence already undergone by the accused is set off. The sentence imposed under Section 395 and 397 IPC shall run concurrently. The respondent police is directed to secure the accused and to commit him to the prison to undergo the remaining period of sentence.

s/d- Assistant Registrar(CO) True Copy Sub-Assistant Registrar ari To 1.The Assistant Sessions Judge, Vaniyambodi, Vellore District. 2.The Additional District and Sessions Judge (Fast Track Court), Thiruppathur, Vellore District.

3.Do Thro The Principal Sessions Judge, Vellore District 4.The Inspector of Police, Ambur Taluk Police Station, Vellore District.

5.The Additional District Munsif cum Judicial Magistrate, Ambur

6.The Superintendent Central Prison, Vellore. 7.The District Collector, Vellore.

8. The Public Prosecutor, High Court, Madras. Crl.R.C.No.412 of 2011 VD(CO) SP(29/05/2019)