T.Manikandan @ Mani v. State By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 14.09.2017
CORAM
THE HONOURABLE MR. JUSTICE M.S.RAMESH Crl.O.P.Nos.25029 to 25034 of 2015 T. Manikandan ... Petitioner in all Crl.OPs Vs
1. State by Sub Inspector of Police, (Crime No. 123 of 2015) ..Respondent in Crl.OP. No. 25029 of 2015
2. State by Sub Inspector of Police, Vellore South (Crimes) Police Station, (Crime No. 58 of2015) ..Respondent in Crl.OP. No. 25030 of 2015
3. State by Sub Inspector of Police, (Crime No. 95 of 2015) ..Respondent in Crl.OP. No. 25031 of 2015
4. State by Sub Inspector of Police, (Crime No. 127 of 2015) ..Respondent in Crl.OP. No. 25032 of 2015
5.State by Sub Inspector of Police, (Crime No. 103 of 2015) ..Respondent in Crl.OP. No. 25033 of 2015
6. State by Sub Inspector of Police, (Crime No. 125 of 2015) ..Respondent in Crl.OP. No. 25034 of 2015 Prayer in all Crl.OPs. : Criminal Original Petitions filed under Section 482 Cr.P.C. to direct the sentence imposed on 06.07.2015 in C.C. No. 201 of 2015 (Crime No. 123 of 2015) on the file of the learned Judicial Magistrate No.I, Vellore to run concurrently with the conviction in C.c. No. 202 of 2015, C.C. No. 203 of 2015, C.C. No. 263 of 2015, C.C. No. 241 of 2015 and C.C. No. 242 of 2015 on the file of the learned Judicial Magistrate No.I, Vellore. For Petitioner : Mr.B.Nambiselvan For Respondents : Mr.P.Govindarajan, Additional Government Pleader - - - -
COMMON ORDER It is submitted by the learned counsel for the petitioner that the petitioner was convicted for five different cases and he was unable to get the benefit of the sentences to run concurrently and hence, filed the present petition.
2. It is seen that the sentences were imposed on the same date i.e on 06.07.2015. It is a settled law that whenever the sentences are passed, such sentences should run one after the other consecutively unless the Court directs, otherwise to run concurrent. It is also seen that all the five cases have been tried by the same court and the trial Court ought to have ordered the sentences to run concurrently. The same has not been done in this case.
3. Hence, there shall be a direction to that effect, that the sentences imposed on 06.07.2015 in C.C. No. 201 of 2015 by the learned Judicial Magistrate No.I, Vellore shall run concurrently with the conviction in C.C. No. 202 of 2015, C.C. No. 203 of 2015, C.C. No. 263 of 2017, C.C. No. 241 of 2015 and C.C. No. 242 of 2015 on the file of the learned Judicial Magistrate No.I, Vellore.
With the above observations and directions, the criminal original petitions are allowed.
14.09.2017 Index:Yes ak/smi To
1. The Sub Inspector of Police,
2. The Sub Inspector of Police, Vellore South (Crimes) Police Station,
3. The Sub Inspector of Police,
4. The Public Prosecutor, High Court, Madras.
M.S.RAMESH.J, ak/smi Crl.O.P.Nos.25029 to 25034 of 2015 14.09.2017