The Inspector Of Police v. Murugan

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 (C.C.No.2800058 of 2016 of Judicial Magistrate No.VIII, Coimbatore Taluk, Coimbatore) 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 Section 279, 304-A and 338 (2 counts) of the Indian Penal Code, 1860. Reference can be made to the detailed order passed by this Court dated 01.09.2025 in 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.

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(ii) The victim has received compensation.

(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.

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, 304-A and 338 (2 counts) 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 C.C.No.2800058 of 2016 of Judicial Magistrate No.VIII, Coimbatore Taluk, Coimbatore stands disposed of. This Suo Motu Transfer Case is disposed of.

29.10.2025 grs Note to the Trial Court: This order is digitally signed and communicated 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 grs Page No.2 of 3

D.BHARATHA CHAKRAVARTHY, J.

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