Inspector Of Police, Marakkanam P.S v. Krishnasamy

Suo Motu TR.No.6251 of 2025 Suo Motu TR.No.6251 of 2025 D.BHARATHA CHAKRAVARTHY, J.

Already, this Court disposed of this Suo Motu Transfer Case on 29.10.2025. However, today, this matter is listed under the caption 'For being mentioned'. The error mentioned is corrected and the following is the corrected order:- "IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 29.10.2025

CORAM:

THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY Suo Motu TR.No.6251 of 2025 (CC.No.9 of 2021 of the Judicial Magistrate No.II , Tindivanam Taluk, Villupuram) For Petitioner : Mrs.G.V.Kasthuri 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. This is an accident case, complaining of an offences under Sections 279 and 304(A) of Indian Penal Code, 1860. Reference can be made to the detailed order passed by this Court dated 01.09.2025 in Suo Motu W.P.(Crl.) No.618 of 2025.

3. In that view of the matter, the following was considered: (i) The accident was not due to any aggravated or egregious conduct. (ii) It is stated that the defacto complainant is not residing at the given address and remains untraceable till date and also has not even filed any claim petition. In this regard, the petitioner police is directed to serve a set of papers to the defacto complainant and the defacto complainant can even avail the services of the Legal Services Authority for free legal aid also. (iii) The accused has no previous or subsequent case and a due report from the probationary officer regarding his conduct has already been received.

(iv) The accused has also been facing the case all these years. Page No.1 of 2 https://www.mhc.tn.gov.in/judis

Suo Motu TR.No.6251 of 2025 D.BHARATHA CHAKRAVARTHY, J.

ssa

4. 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, 1860. However, without proceeding to sentence the accused, this Court releases the accused 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 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.9 of 2021 on the file of the Judicial Magistrate Court No.II, Tindivanam Taluk, Villupuram shall stands disposed of and this Suo Motu Transfer Case stands disposed of. It is made clear that this order will not in any manner affect the further proceedings even if any claim petition is filed.

29.10.2025 ssa Note to the Trial Court:

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."

17.11.2025 ssa Suo Motu TR.No.

of 2025 Page No.2 of 2 https://www.mhc.tn.gov.in/judis