State By Inspector Of Police Andimadam P.S v. Subramaniyan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.08.2025

CORAM:

THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY (CC.No.200517 of 2017 of Judicial Magistrate No.II , Jayankondam Taluk, Ariyalur ) State By Inspector of Police, Andimadam Police Station.

... Petitioner Vs.

Subramaniyan .... Respondent For Petitioner : Mr.S.Sugendran Additional Public Prosecutor

ORDER

This Suo Motu case is dealt with in an extraordinary manner by the Dedicated Bench, pursuant to Suo Motu W.P.(Crl.)No.618 of 2025.

2. The occurrence is on 13.04.2016. The accused is said to have driven a TATA Telco Lorry bearing Regn.No.TN 37 BW 1226 in a rash and negligent manner and hit the cycle driven by two children from behind and one of the children died.

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3. When the matter came up for hearing, it is reported that already compensation has been received by the victims families. They were also present and submitted that they have received the compensation from the Tribunal. The accused does not have any previous or subsequent case. The nature of the accident and 161 Statements, letter on record are also taken into account.

4. Considering the moral facts and circumstances the case for the purpose of releasing the petitioner on probation, the report of the probationary officer was sought for and the same is also furnished which is also considered. In view thereof, I find that this is a fit case where the provisions of the Probation of Offenders Act, 1958, can be invoked. Accordingly, upon the plea of the accused, the accused is found guilty of the offence under Sections 279 and 304 A of Indian Penal Code. However, without proceeding to sentence the accused, this Court releases the petitioner on probation under the Probation of Offenders Act, 1958, on the following conditions: (a) The accused shall execute a bond before the learned Magistrate undertaking good conduct for a period of one year, failing which he shall appear before Page No.2 of 4

this Court to receive sentence.

(b) It is made clear that, as per Section 12 of the Probation of Offenders Act, 1958, the finding of guilty will not be a disqualification for any purpose.

5. Accordingly, the case in CC.No.200517 of 2017 on the file of the Judicial Magistrate No.II , Jayankondam Taluk, Ariyalur, Salem shall stands disposed of and consequently, this Suo Motu Transfer Case is disposed of. 28.08.2025 rap electronically alone. The Trial Court shall take note of the order and accordingly classify the case pending before them as allowed / dismissed / disposed of, etc, and while doing so, consider any applications such as disposal of properties, etc., and pass appropriate orders, as may be necessary. Further, the Court below is directed to dispatch the copy of this order to all concerned.

D.BHARATHA CHAKRAVARTHY, J.

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