Inspector Of Police v. Kanakaraj And 8 Others

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.09.2025

CORAM:

THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY Suo Motu TR.No.1151 of 2025 (CC.100236/2014 of Judicial Magistrate Court, Harur Taluk, Dharmapuri) The State rep. by The Inspector of Police, Kottapatti Police Station, Dharmapuri.

... Petitioner Vs.

Kanakaraj and 8 others .... Respondents For Petitioner : Mr.S.Vinoth Kumar Government Advocate (Crl.Side)

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. This case relates to theft of river sand. Since there is only one case against these accused and considering that there are no previous or subsequent cases and further that the matter has been pending since 2012 with the accused attending the proceedings regularly, this Court directed the police to obtain a Probation Officer's report.

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3. Today, the report of the Probation Officer has been received and considered. Having regard to the fact that the accused have been facing trial since 2012 and have pleaded guilty, instead of punishing them, this Court finds it appropriate to release them on probation under Section 4 of the Probation of Offenders Act, 1958, subject to the following conditions: (i) The accused shall execute a bond before the learned Magistrate undertaking good conduct for a period of one year, failing which they shall appear before this Court to receive sentence. (ii) 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.

4. Accordingly, the case in CC.100236/2014 of Judicial Magistrate Court, Harur Taluk, Dharmapuri shall stands quashed and consequently, this Suo Motu Transfer Case is disposed of.

08.09.2025 nsl 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. Page No.2 of 3

D.BHARATHA CHAKRAVARTHY, J.

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