Karuppiah v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Twenty Fifth day of April Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice K.MURALI SHANKAR Crl.M.P(MD)Nos.16181, 16185 and 16189 of 2022 in Crl.R.C.(MD)Nos.865 and 1010 of 2022 KARUPPIAH ... PETITIONER/PETITIONER IN CRL MP(MD)No. 16181 of 2022 SUDALAI ...PETITIONER/PETITIONER IN CRL MP(MD)No. 16185 of 2022 SEYAD AKBAR ...PETITIONER/PETITIONER IN CRL MP(MD)No. 16189 of 2022 Vs THE STATE REP BY, THE INSPECTOR OF POLICE CBCID (COUNTERFEIT CURRENCY WING), MADURAI.

(CRIME NO.01/2009) ... RESPONDENT/RESPONDENT Prayer in CRL MP(MD)No. 16181 OF 2022 in CRL RC(MD). 865/ 2022: Petition filed praying that in the circumstances stated therein and in the petition filed therewith the High Court may be pleased to suspend the sentence imposed by the Court of Additional District and Sessions Judge, Virudhunagar in Crl.A.No.22/2016 on 28.07.2022 in confirming the conviction and sentence imposed by the Assistant Sessions Court, Virudhunagar in SC.No.152/2012 on 23.02.2016 and release the petitioner on bail, pending disposal of the Criminal Revision Petition.

Prayer in CRL MP(MD). 16185/ 2022 in CRL RC(MD). 865/ 2022 : To suspend the sentence imposed by the Court of Additional District and Sessions Judge, Virudhunagar in Crl.A.No.22/2016 on 28.07.2022 in confirming the conviction and sentence imposed by the Assistant Sessions Court, Virudhunagar in SC.No.152/2012 on 23.02.2016 and release the petitioner on bail, pending disposal of the Criminal Revision Petition.

Prayer in CRL RC(MD). 865/ 2022 :

To call for the records and set aside the conviction and sentence imposed by the Court of Additional District and Sessions Judge, Virudhunagar in Crl.A.No. 22/2016 on 28.07.2022 in confirming the conviction and sentence imposed by the Assistant Sessions Court, Virudhunagar in S.C.No. 152/201 on 23.02.2016 and allow this Criminal Revision Petition.

Prayer in CRL MP(MD)No. 16189/ 2022 in CRL RC(MD)No. 1010/ 2022 : To suspend the sentence imposed by the Court of Additional District and Sessions Judge, Virudhunagar in Crl.A.No.62/2017 on 28.07.2022 in confirming the conviction and sentence imposed by the Assistant 1/5

Sessions Court, Virudhunagar in SC.No.152/2012 on 23.02.2016 and relese the petitioner on bail, pending disposal of the Criminal Revision Petition.

Prayer in CRL RC(MD)No. 1010/ 2022 :

To call for the records and set aside the conviction and sentence imposed by the Court of Additional District and Sessions Judge,Virudhunagar in Crl.A.No 62/2017 on 28.07.2022 in confirming the conviction and sentence imposed by the Assistant Sessions Court, Virudhunagar in S.C.No. 152/2012 on 23.02.2016 and allow this Criminal Revision Petition.

Order : These petitions coming up for orders on this day, upon perusing the petitions filed in support thereof and upon hearing the arguments of M/S. JOTHI BASU.M, Advocate for the petitioner in all petitions and of MR.R.MEENAKSHI SUNDARAM, Additional Public Prosecutor on behalf of the Respondent in all the petitions, the court made the following order:- RESERVED ON 20.04.2023 PRONOUNCED ON 25.04.2023 The petitions in Crl.M.P.(MD)Nos.16181 and 16185 of 2022 have been filed to suspend the sentence imposed on the petitioners/accused Nos.5 and 6 by the learned Assistant Sessions Judge, Virudhunagar, in S.C.No.152 of 2012, dated 23.02.2016, which was confirmed by the learned Additional District Judge, Virudhunagar, in C.A.No.22 of 2016, dated 28.07.2022.

2. The petition in Crl.M.P.(MD)No.16189 of 2022 has been filed to suspend the sentence imposed on the petitioner/third accused by the learned Assistant Sessions Judge, Virudhunagar, in S.C.No.152 of 2012, dated 23.02.2016, which was confirmed by the learned Additional District Judge, Virudhunagar, in C.A.No.62 of 2017, dated 28.07.2022.

3. Admittedly, the petitioner in Crl.M.P.(MD)No.16181 of 2022 is the fifth accused, the petitioner in Crl.M.P.(MD)No.16185 of 2022 is the sixth accused and the petitioner in Crl.M.P.(MD)No.16189 of 2022 is the third accused.

4. The case of the prosecution is that the Sub Inspector of Police, CBCID, Counterfeit Currency Wing, Madurai, on receipt of secret information, went to Virudhunagar along with his police party and informer, that at about 11.00 a.m., in Meenambigai Bangalow Bus Stop, the Sub Inspector arrested the accused 1 and 2 and on interrogation, both of them have given confession statements and that the police recovered counterfeit currency note to the tune of Rs.53,500/- each from the accused 1 and 2 and on that basis, FIR came to be registered in Crime No.1 of 2009.

5. It is the further case of the prosecution that during the investigation, the first accused identified the third accused and from him Rs.53,500/- fake currency was recovered and on interrogation, the third accused has given a voluntary confession statement informing that he got the fake currency from the fourth accused and on that basis, fourth accused was arrested and on 2/5

interrogation, he has given a confession statement informing that he got the fake currency from the fifth accused and fake currency was recovered from the said accused also, that on 19.02.2009, the Inspector of Police arrested the accused Nos.5 and 6 and on interrogation, the fifth accused has given a confession statement, that the police recovered fake currency from the accused Nos.5 and 6, that on the information given by the fifth accused, the police party went to Thiruvananthapuram and on that way in front of Kaliyakavilai Bus Stand, the accused Nos.7 to 9 were arrested and fake currencies were recovered from them and that all the three accused have given confession statements and on that basis, the police party went to the house of Jelastin Lopas and recovered computers, printer, paper printing machine and other articles.

6. After completing the investigation, charge sheet came to be filed for the offences under Sections 120-B and 489-A, B, C, D IPC.

7. During trial, the prosecution has examined 11 witnesses as P.W.1 to P.W.11, exhibited 36 documents as Ex.P.1 to Ex.P.36 and marked 30 material objects as M.O.1 to M.O.30. The defence have adduced neither oral nor documentary evidence.

8. The learned Assistant Sessions Judge, upon considering the evidence both oral and documentary and on hearing the arguments of both the sides, has passed the judgment dated 23.02.2016 convicting the petitioners/accused Nos.5, 6 and 3 and sentenced them as follows:- Accused Provision under which convicted Sentence A3-Seyad Akbar A5-Karuppiah A6-Sudalai under Section 120(B) IPC to undergo simple imprisonment for 1 year and to pay a fine of Rs.1,000/-, in default, to undergo simple imprisonment for 3 months under Section 489(B) IPC to undergo simple imprisonment for 7 years and to pay a fine of Rs.5,000/- in default to undergo simple imprisonment for 1 year under Section 489(C) IPC to undergo simple imprisonment for 7 years and to pay a fine of Rs.5,000/- in default to undergo simple imprisonment for 1 year 3/5

9. Aggrieved by the said judgment of conviction and sentence, the three accused have preferred the appeals in C.A.Nos.22 of 2016 and 62 of 2017 and the learned Additional District Judge, Virudhunagar, upon considering the evidence and on hearing the arguments on both the sides, has passed the common judgment in respect of the criminal appeals filed by the petitioners and the other accused on 28.07.2022, dismissing the appeals and thereby confirming the judgment of conviction passed by the trial Court. Challenging the dismissal of the appeals, the petitioners have come forward with the present criminal revisions along with the above applications for suspension of sentence.

10. The learned counsel appearing for the petitioners would submit that the petitioners have surrendered voluntarily on 27.10.2022, that they are not having any other previous cases and that the petitioners may be granted the relief of suspension of sentence.

11. The learned Additional Public Prosecutor appearing for the respondent would submit that after dismissal of the appeals on 28.07.2022, the petitioners remained absconding, that thereafter, they have surrendered on 27.10.2022, that the judgment of conviction passed by the trial Court has been rightly confirmed by the appellate Court and that considering the seriousness of the offences alleged against the petitioners, they are not entitled to get the relief claimed.

12. It is pertinent to note that the petitioners have surrendered on 27.10.2022 and they are in prison for the past 6 months.

13. As rightly contended by the learned Additional Public Prosecutor, the trial Court has imposed punishment of imprisonment for a term of 7 years each for the offences under Sections 489(B) and 489(C) IPC and 1 year for the offence under Section 120(B) IPC, which was confirmed by the Appellate Court.

14. Considering the seriousness and gravity of the offence allegedly proved against the petitioners and also the fact that the petitioners are in prison from 27.10.2022 and also taking note of the punishment imposed, this Court is not inclined to suspend the sentence imposed on the petitioners at this point of time.

15. In the result, these Criminal Miscellaneous Petitions are dismissed.

sd/- 25/04/2023 / TRUE COPY / /05/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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CSM TO 1 THE ADDITIONAL DISTRICT AND SESSIONS JUDGE, VIRUDHUNAGAR 2 THE ASSISTANT SESSIONS JUDGE VIRUDHUNAGAR DISTRICT.

3 THE INSPECTOR OF POLICE CBCID (COUNTERFEIT CURRENCY WING), MADURAI.

4 THE SUPERINTENDENT CENTRAL PRISON, MADURAI.

5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN Crl.M.P(MD)Nos.16181, 16185 and 16189 of 2022 in Crl.R.C.(MD)Nos.865 and Date :25/04/2023 PKP/VR/SAR-2/05.05.2023/ 5P/6C 5/5