Madras High CourtCRL A(MD)/63/2010partly allowed

Sakthikumar @ Sathi Kumar v. The Deputy Suprintendent Of

2019-07-10Honourable Mr Justice G.R.Swaminathan2 pages

Bail Slip The Appellant/Accused namely Sakthikumar @ Sathi Kumar aged about 23 years S/o.Rajangqam was directed to be released on bail as per order of this Court dated 25.02.2010 and made in MP(MD) No. 1 of 2010 in Crl.A(MD)No.63 of 2010 on the file of this Court. BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.07.2019

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.A.(MD)No.63 of 2010 Sakthikumar @ Sathi Kumar ... Appellant/Sole Accused Vs.

1.State Rep. by The Deputy Superintendent of Police, Aundipatti Sub-Divison, Aundipatti, Theni District.

2.State Rep. by The Inspector of Police, Mayilamdumparai Police Station, Theni District.

... Respondents/ Complainant (Crime No.115 of 2008) Prayer: Criminal Appeal is filed under Section 374(2) of Cr.P.C, to set aside the judgment and conviction dated 30.01.2010 by the learned Principal District and Sessions Judge, Theni in Spl.S.C.No.19 of 2009 and acquit the appellant. For Appellant : No appearance For Respondents : Mrs.S.Bharathi Government Advocate (Crl. Side)

JUDGMENT

The appellant was convicted for the offence under Section 324 (2 Counts) of I.P.C. and sentenced to six months rigorous imprisonment and also levied with fine of Rs.1,000/- for each count, vide judgment dated 30.01.2010, on the file of the learned Principal District and Sessions Judge, Theni. Challenging the same, this criminal appeal has been filed.

https://hcservices.ecourts.gov.in/hcservices/ 2.None appears for the appellant.

3.This Court went through the evidence on record. It is seen that the appellant had caused simple injuries to P.W.2. More than 10 years have lapsed, since the occurrence took place. I am therefore of the view that no purpose will be served in sending the appellant to prison at this point of time. Even while confirming the conviction and levy of fine, the sentence of imprisonment imposed on the appellant alone is set aside. The criminal appeal is partly allowed.

Sd/- Assistant Registrar (Writs) // True Copy // Sub Assistant Registrar(CS ) To:

1.The Principal District and Sessions Judge, Theni.

2.The District Munsif cum Judicial Magistrate, Andipatti.

3.The Chief Judicial Magistrate, Theni.

4.The Deputy Superintendent of Police, Aundipatti Sub-Divison, Aundipatti,Theni District.

5.The Inspector of Police, Mayilamdumparai Police Station, Theni District.

6.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

Copy to: The Section Officer, Criminal Section, Madurai Bench of Madras High Court, Madurai.(2) Crl.A.(MD)No.63 of 2010 10.07.2019 CS(03.09.2019) 2P 9C https://hcservices.ecourts.gov.in/hcservices/