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Madras High CourtCRL OP(MD)/14813/2016dismissed

Chinnathambi @ Lakshmanan @ v. The Inspector Of Police,

2018-09-18Honourable Mr Justice N. Anand Venkatesh2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.09.2018

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.(MD)No.14813 of 2016 Chinnathambi @ Lakshmanan @Rajkumar ... Petitioner Vs.

1.The Inspector of Police, Virudhunagar Rural Police Station, [Crime Nos.206, 211 and 220 of 2013 ] 2.The Superintendent of Police, Central Prison, Madurai.

...Respondents

PRAYER:- Petition filed under Section 482 of Criminal Procedure Code, to pass on directing the sentences of conviction imposed in CC No.107 of 2014 and CC No.144 of 2014 by the learned Judicial Magistrate-II, Virudhunagar to run concurrently. For Petitioner : Mr.A.Rajaram For Respondents : Mr.K.Suyambulinga Bharathi, Government Advocate(crlside)

ORDER

This petition has been filed for seeking for the sentence imposed in CC No.107 of 2014 and CC No.144 of 2014 to run concurrently.

2.The respondent Police filed a counter affidavit in this case and it is seen that petitioner was involved in similar offences of theft in dwelling houses for more than 10 years in and around Madurai. Therefore, the request made by the petitioner to the effect that the sentence must run concurrently should be not accepted by this Court.

3.This Court has already dealt with a similar issue in the judgment in CrlOP(MD)No.12497 of 2017, dated 31.08.2018 and has also held that such a request can be considered only based on the nature of offence committed by the accused person. In this case it is seen that the petitioner is repeatedly indulging in theft in dwelling houses and therefore, this is not an appropriate case where such https://hcservices.ecourts.gov.in/hcservices/

direction can be granted.

4.In view of the above discussion, there are no merits in this case and this criminal original petition is dismissed. Sd/- Assistant Registrar(RTI) /True Copy/ Sub Assistant Registrar(CS-III) To 1.The Inspector of Police, Virudhunagar Rural Police Station, 2.The Superintendent of Police, Central Prison, Madurai.

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

DSK DS SKN SAR3 16 10 2018 2P 4C Crl.O.P.(MD)No.14813 of 2016 18.09.2018 https://hcservices.ecourts.gov.in/hcservices/