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Madras High CourtCRL OP/25677/2025disposed of

Kadhar Moidheen v. The State Represented By

2025-09-19Honourable Mr Justice N. Sathish Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19-09-2025

CORAM

THE HONOURABLE MR JUSTICE N. SATHISH KUMAR Kadhar Moidheen Petitioner(s) Vs

1. The State represented by The Superintendent of Prison, Central Prison, Coimbatore-641 018.

2.The Inspector of Police All Women Police Station North Crime No.17/2017 Respondent(s) PRAYER Criminal Original Petition filed under Section 528 of BNSS to direct the 1st respondent to treat the sentences in Spl.S.C.No.42/2017 on the file of the learned Sessions Judge, Tiruppur dated 17.10.2018 to run concurrently. For Petitioner(s):

Mr.S.Manoharan For Respondents:

Mr.R.Vinothraja Government Advocate (Crl.Side)

ORDER

The petitioner seeks a direction as to running of the sentence concurrently.

2. Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl.Side) appearing for the respondents and perused the documents placed on record.

3. The trial court found the petitioner guilty for offences under Sections 9(f) r/w 10, 9(I) r/w 10 of Protection of Children from Sexual Offences Act, 2012, convicted and sentenced to undergo rigorous imprisonment for 7 years along with fine of Rs.20,000/- for each of the offences and in default, the accused was ordered to undergo additional rigorous imprisonment for one year for each of the above offences in Spl.S.C.No.42 of 2017 passed by the Magalir Neethimandram, Tiruppur. The said sentences were ordered to run consecutively. While confirming the judgment passed by the trial court, in the appeal in Crl.A.No.624 of 2018, though in paragraph no.1 of the judgment of the appeal, sentences were ordered to run concurrently, while dismissing the appeal, there was no indication whether to run 'concurrently or consecutively'.

4. In such view of the matter, it is for the petitioner to seek necessary clarification before the same Justice.

With the above direction, this Petition is disposed of. 19-09-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes ssd To 1.The State represented by The Superintendent of Prison, Central Prison, Coimbatore-641 018.

2.The Inspector of Police All Women Police Station North Crime No.17/2017

N.SATHISH KUMAR J.

ssd CRL OP No. 25677 of 19-09-2025