The Si Of Police, Sirumugai v. Morshly Manokhar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29.10.2025

CORAM:

THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY (C.C.No.100091 of 2015 of Judicial Magistrate, Mettupalayam, Mettupalayam Taluk, Coimbatore) 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. This is an accident case, complaining of an offence under Sections 279, 338 and 304-A 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. (ii) The victim has claimed 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. Page No.1 of 3

Page No.2 of 3

D.BHARATHA CHAKRAVARTHY, J.

grs

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, 338 and 304-A of the Indian Penal Code, 1860. 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 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.100091 of 2015 of Judicial Magistrate, Mettupalayam, Mettupalayam Taluk, Coimbatore, stands quashed. This Suo Motu Transfer Case is disposed of. It is made clear that this order will not in any manner cause prejudice even if any Claim Petition is filed. 29.10.2025 grs 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.3 of 3