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Madras High CourtCRL MP(MD)/6736/2016ordered

Thiagarajan v. The Inspector Of Police

2016-08-10Honourable Dr. Justice P. Devadass2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Tenth day of August Two Thousand Sixteen PRESENT The Hon`ble Dr.Justice P.DEVADASS CRL MP(MD) No.6736 of 2016 IN CRL RC(MD) No.533 of 2016 THIAGARAJAN ... PETITIONER/PETITIONER. Vs THE STATE REP.BY THE INSPECTOR OF POLICE THIRUKATTUPALLI POLICE STATION, THANJAVUR DISTRICT.

(CRIME NO. 17 OF 2014) ... RESPONDENT/RESPONDENT. Petition praying that in the circumstances stated therein and in the petition filed therewith the High Court will be pleased to suspend the conviction and sentence passed in C.C.No. 29 of 2014 dated 30.09.2015 on the file of the Learned Judicial Magistrate Court, Thiruvaiyaru which was confirmed in Crl.A.(MD) No. 52 of 2015 on the file of Learned Additional District and Sessions Judge, Essential Commodities Act Special Court, Thanjavur pending disposal of the above Crl.R.C.

Order : This petition coming on for orders upon perusing the petition filed in support thereof and upon hearing the arguments of M/S I.SUTHAKARAN, Advocate for the petitioner and of M/S.S.PRABHA,Government Advocate(Crl.Side),on behalf of the Respondent, the court made the following order:- The revision petitioner challenges the legality and propriety of the conviction and sentence recorded by the trial Court as well as by the appellate Court.

2.The revision petitioner/accused No.1 is alleged to have attacked the defacto complainant with stick and caused her grievous injury.

3.The learned Judicial Magistrate, Thiruvaiyaru convicted the petitioner and sentenced him as under:

Conviction Sentence Section 325 I.P.C.

3 months S.I. plus fine Rs.900/- i/d 1 week S.I.

The fine amount was already paid.

4.The learned Additional Sessions Judge / Special Judge for Essential Commodities Act Cases, Thanjavur confirmed the conviction and sentence and dismissed his Criminal Appeal No.52 of 2015. 5.The learned counsel for the revision petitioner would contend that there are material contradictions in the evidence of P.Ws.1 to 3, the doctor who admitted P.W.1 in hospital was not examined and there are material alterations in the F.I.R. with regard to time of occurrence. Both the Courts have committed error in viewing the https://hcservices.ecourts.gov.in/hcservices/

matter in proper perspective. The conviction and the sentence recorded by them suffers from legality.

6.On the other hand, the learned Government Advocate (Criminal side) would submit that based on the evidence the conviction and sentence recorded by the trial Court as well as the appellate Court are perfectly correct and they require no interference. 7.I have anxiously considered the rival submissions, perused the impugned judgments and the materials on record. 8.In the facts and circumstances of the case, perusing the impugned judgments and the materials on record, I am of the view that certain eminently arguable points are involved in this Criminal Revision. They are required to be examined in detail at the main criminal revision. It will take some time for the disposal of this Criminal revision. Further, the petitioner was on bail in the trial Court. I see primafacie case. I am inclined to grant him revision bail.

9.In view of the above, ordered as under:

(1) Revision bail granted.

(2) Sentence of imprisonment ordered by the Trial Court and confirmed by the Appellate Court alone is suspended.

(3) There shall be two sureties, they and the petitioner shall execute a bond for Rs.15,000/- (Rupees Fifteen thousand only) each to the satisfaction of the learned Judicial Magistrate, Thiruvaiyaru.

(4) The petitioner shall appear before the said Court on the first working day of every month at 10.30 a.m. until further orders. sd/- 10/08/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE ADDITIONAL SESSIONS JUDGE/ SPECIAL JUDGE FOR ESSENTIAL COMMODITIES ACT CASES,THANJAVUR.

2 DO THRO THE PRINCIPAL SESSIONS JUDGE, THANJVAUR @ KUMBAKONAM. 3 THE JUDICIAL MAGISTRATE,THIRUVAIYARU.

4 DO THRO THE CHIEF JUDICIAL MAGISTRATE,THANJAVUR @ KUMBAKONAM. 5 THE GOVERNMENT ADVOCATE(CRIMINAL SIDE), MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

6 THE INSPECTOR OF POLICE,THIRUKATTUPALLI POLICE STATION, THANJAVUR DISTRICT.

+1. C.C. to M/S I.SUTHAKARAN Advocate SR.No.43370. ORDER IN CRL MP(MD) No.6736 of 2016 IN CRL RC(MD) No.533 of 2016 Date :10/08/2016 AM/GSV.PM/SAR-I/11.08.2016/2P/8C https://hcservices.ecourts.gov.in/hcservices/