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Madras High CourtCRL OP(MD)/18582/2014ordered

P. Murugan @ Vaithan Murugan v. The Sub Inspector Of Police

2015-01-08Honourable Mr Justice C. T. Selvam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.01.2015

CORAM

THE HON'BLE MR.JUSTICE C.T.SELVAM CRL.O.P.(MD)No.18582 of 2014 P.Murugan @ Vaithan Murugan .. Petitioner .. Vs ..

1.The Sub-Inspector of Police, Kottricode Police Station, Kanyakumari District.

In Crime No.182 & 172 of 2012.

2.The Sub-Inspector of Police, Thiruvattar Police Station, Kanyakumari District, In Crime No.828 of 2012.

3.The Sub-Inspector of Police, Marthandam Police Station, Kanyakumari District, In Crime No.1168 of 2012.

4.The Inspector of Police, Aralvaimozhi Police Station, Kanyakumari District, In Crime No.503 & 674 of 2012.

5.The Sub-Inspector of Police, Suthamalli Police Station, Tirunelveli District, In Crime No.410 of 2012.

6.The Superintendent of Prison, Central Prison, Palayamkottai, Tirunelveli District.

.. Respondents Criminal Original Petition filed under section 482 of the Code of Criminal Procedure, praying to direct the sentences imposed in C.C.No.515 of 2012 on the file of the learned Judicial Magistrate, Padmanabapuram on 28.01.2013 and in C.C.No.514 of 2012 on the file of the learned Judicial Magistrate, Padmanabhapuram on 08.02.2013 and in C.C.No.312 of 2012 on the file of the learned Judicial Magistrate No.I, Kuzhithurai on 14.03.2013 and in C.C.No.93 of 2013 on the file of the learned Judicial Magistrate, Padmanabapuram on 19.03.2013 and in C.C.No.33 of 2013 on the file of the learned Judicial Magistrate, Poothapandi on 10.08.2013 and in C.C.No.34 of 2013 on the file of the learned Judicial Magistrate, Poothapandi on 10.08.2013 and in C.C.No.201 of 2013 on the file of the learned District Munsif cum Judicial Magistrate, Cheranmahadevi on 12.06.2014, shall run concurrently.

For Petitioner :Mr.A.Kannan For respondents :Mr.K.V.Rajarajan,Government Advocate(Crl. Side)

ORDER

This Criminal Original Petition has been filed by the petitioner seeking direction ordering the sentences imposed on the petitioner in C.C.Nos.515 of 2012, 514 of 2012 and 93 of 2013 on the file of the https://hcservices.ecourts.gov.in/hcservices/

learned Judicial Magistrate, Padmanabapuam, in C.C.No.312 of 2012 on the file of the learned Judicial Magistrate No.I, Kuzhithurai, in C.C.Nos.33 and 34 of 2013 on the file of the learned Judicial Magistrate, Poothapandi and in C.C.No.201 of 2013 on the file of the learned District Munsif cum Judicial Magistrate, Cheranmahadevi to run concurrently.

2. Heard the learned counsel appearing for the petitioner and the learned Government Advocate(Crl. side) appearing for the respondents.

3. Considering the submissions made on either side that the petitioner stands convicted and sentenced in the above stated seven cases and the maximum sentence is a period of eighteen months and in all cases the petitioner stands convicted for the commission of offences under Sections 457, 379/380 of I.P.C and the petitioner is in custody from 19.12.2012, this Court is inclined to follow the decision of the Division Bench in K.Arasan and another vs. State of Tamil Nadu reported in 2012(3) MWN (Cr.) 184(DB).

4. In the result, this Criminal Original Petition is ordered and the substantive sentences imposed on the petitioner in all the other cases shall run concurrently with the substantive sentence passed in C.C.No.515 of 2012 by the learned Judicial Magistrate, Padmanabapuram on 28.01.2013.

Sd/- Assistant Registrar(RTI) / True Copy/ Sub Assistant Registrar To 1.The Judicial Magistrate, Padmanabhapuram 2.The Judicial Magistrate No.1, Kuzhithurai 3.The Judicial Magistrate, Poothapandi.

4.The District Munsif Cum Judicial Magistrate, Cheranmahadevi.

5.The Sub-Inspector of Police, Kottricode Police Station,Kanyakumari District. 6.The Sub-Inspector of Police, Thiruvattar Police Station,Kanyakumari District, In Crime No.828 of 2012.

7.The Sub-Inspector of Police, Marthandam Police Station,Kanyakumari District, 8.The Inspector of Police, Aralvaimozhi Police Station, Kanyakumari District, 9.The Sub-Inspector of Police, Suthamalli Police Station,Tirunelveli District, 10.The Superintendent of Prison, Central Prison, Palayamkottai,Tirunelveli District. 11.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+cc to Mr.A.Kannan, Advocate, Sr.No.497646 CRL.O.P.(MD)No.18582 of 2014 08.01.2015 pm rs/20/2/2015/13c/2p https://hcservices.ecourts.gov.in/hcservices/