Loganathan v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.08.2025

CORAM

THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY Loganathan

...Petitioner

Vs.

State of Tamil Nadu Rep. by the Inspector of Police, Uthukuli Police Station, Uthukuli, Tiruppur District.

Crime No.96 of 2014

...Respondent

This Criminal Revision is filed under Section 397 r/w 401 of Code of Criminal Procedure, 1973 against the judgment passed by the Principal Sessions Judge, Tiruppur in C.A.No.83 of 2019 dated 10.12.2021 confirming the Judgment passed by the learned Judicial Magistrate, Avinashi in C.C.No.239 of 2014 dated 18.07.2019 by which the petitioner was convicted and sentenced to undergo simple imprisonment for six months each under Sections 279 and 304(A) IPC. For Petitioner : M/s.C.Munusamy For Respondent : Mr.J.Subbiah, GA (Crl. Side)

ORDER

The Revision petitioner appeared before this Court.

2. This revision is filed against the judgement dated 10.12.2021 1/5

made in C.A.No.83 of 2019 by the learned Principal Sessions Judge, Tiruppur. By the said judgement, the conviction and sentence imposed on the petitioner by the trial Court was confirmed by the Appellate Judge. The learned trial Judge, Judicial Magistrate Avinashi had by judgment dated 18.07.2019 in C.C.No.239 of 2014 found the appellant guilty of an offence under Sections 279 and 304(A) of Indian Penal Code, 1860 and sentenced to undergo simple imprisonment for a period of six months in respect of the offences.

3. When the matter came up for hearing, the petitioner was directed to be present before this Court. Accordingly, he is present before this Court. The Court also took into consideration the manner of accident that had happened in this case that on 26.03.2014, at about 8.30 a.m when the petitioner was travelling along with P.W.4 as the pillion rider in his moped in TVS 50 bearing Registration No.TN 33 H 6781 and after dropping PW.4 in the bus stop and had started to proceed further and when the vehicle was turned, it hit against the deceased Subramaniam and caused the accident upon which, after protracted treatment the deceased succumbed to the injuries.

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4. Therefore, eventhough the offence is under Section 304(A) of IPC, this would be a fit case for releasing the petitioner under the Probation of Offenders Act, 1958. The petitioner has been undergoing the ordeal from the year 2014 until this date is also taken into account. He is the first offender and is not involved in any other case thereafter, is also taken into account. He was aged 23 years at the time of accident, is also taken into account. The dependants of the deceased have already filed Original Petition under the Motor Vehicles Act, 1988 and has already been awarded compensation is also taken into account. In view thereof, this Criminal Revision is disposed of in the following terms.

(i) The conviction of the petitioner for an offence under Section 279 and 304(A) of IPC by the learned Judicial Magistrate Avinashi vide judgement dated 18.07.2019 in CC.No.239 of 2014 and as confirmed by the judgement dated 10.12.2021 in C.A.No.83 of 2019 by the Principal Sessions Judge, Tiruppur shall stand confirmed.

the condition that the petitioner shall file a bond undertaking good conduct for a period of one year before the trial Court.

18.08.2025 RAP NCC : Yes / No To

1. The Principal Sessions Judge, Tiruppur

2. The Judicial Magistrate, Avinashi

3. The Inspector of Police, Uthukuli Police Station, Uthukuli, Tiruppur District.

4. The Public Prosecutor, High Court of Madras.

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D.BHARATHA CHAKRAVARTHY.J., RAP 18.08.2025 5/5