Madras High CourtCRL A/1005/2007dismissed as abated

Veerabadran @ Molugan v. The Inspector Of Police

2015-09-28Honourable Mr Justice A. Selvam3 pages

Bail Slip Appellant in Crl.A.No.1005 of 2007 (Sole Accused in S.C.No.61/2004 dated 22.02.2007 on the file of Principal Sessions Court, Dharmapuri at Krishnagiri) was released on bail as per order of this court dated 06.12.2007 in Crl.M.P.No. 1 of 2007 in Crl.A.No.1005 of 2007.

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.09.2015

CORAM

THE HONOURABLE MR. JUSTICE A.SELVAM Criminal Appeal No.1005 of 2007 Veerabadran @ Molugan

...Petitioner/Single Accused

vs.

State by Inspector of Police Uthangarai Police Station Crime No.237 of 2003 Krishnagiri District

...Respondent/Complainant

Criminal Appeal filed under Section 374(2) of Cr.P.C., against the judgment dated 22.02.2007 made in S.C.No.61 of 2004 on the file of Principal Sessions Court, Dharmapuri at Krishnagiri. For appellant :

Mr.N.Manokaran For respondent :

Mr.P.Govindarajan, Addl.Pub.Prosecutor

JUDGMENT

This Criminal Appeal has been filed against the conviction and sentence dated 22nd day of February, 2007 in Sessions Case No.61 of 2004 by the Principal District and Sessions Court, Dharmapuri at Krishnagiri.

2. During pendency of the present Criminal Appeal, the appellant, by name Veerabadran @ Molugan has passed away and to that effect, a memo along with death certificate has been filed.

3. In the death certificate, some discrepancy is found with regard to name of the alleged deceased and in the said circumstances, the respondent has been directed to produce relevant documents and accordingly, a certificate issued by the concerned Tahsildar has been submitted, wherein, it is stated that the deceased is having name of Veerabadran @ Molugan. Further, it is stated in the certificate issued by the Tahsildar, that the deceased has also been called as Veerappan.

4. Considering the facts mentioned in the certificate issued by the Tahsildar and since one of the names mentioned therein is tallied with the name mentioned in the death certificate, this court is of the view that the appellant has passed away.

5. Since the appellant has passed away, the charge against him has become abated and in such circumstances, this appeal is disposed of accordingly.

Sd/- Assistant Registrar(CS-II) //True Copy// Sub Assistant Registrar nvsri To

1. The Principal Sessions Court, Dharmapuri at Krishnagiri.

2. The Judicial Magistrate, Uthangarai.

3. -Do- Through The Chief Judicial Magistrate, Dharmapuri at Krishnagiri.

4. The Superintendent, Central Prison, Vellore.

5. The Inspector of Police Uthangarai Police Station Crime No.237 of 2003

6. The Public Prosecutor, High Court, Madras.

1 CC to Mr.N.Manokaran, Advocate SR.No. 52613 Crl.A.No.1005 of 2007 TEJ (CO) PSI (12.10.2015)