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Madras High CourtCRL RC(MD)/324/2011partly allowed

Ramachandran v. The Inspector Of Police

2019-06-26Honourable Mr Justice G.R.Swaminathan2 pages

BAIL SLIP Ramachandran, S/o.Mariappan, aged about 28 years, was released on Bail vide the order of this Court dt.14.06.2011 in MP (MD)No.1 of 2011 in Crl.RC(MD)No.324 of 2011. BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.06.2019

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.R.C(MD)No.324 of 2011 Ramachandran ... Petitioner/Appellant/Accused No.1 Vs State Rep by The Inspector of Police, All Woman Police Station, Virudhunagar District.

... Respondent/Respondent PRAYER: Petition filed under Section 397 r/w 401 of Criminal Procedure Code, to call for the records in Criminal Appeal No.1 of 2011 on the file of the learned Additional District Judge, Fast Track Court, Virudhunagar and allow this revision petition by setting aside the order passed by the learned Additional District Judge, Fast Track Court, Virudhunagar in Criminal Appeal No.1 of 2011, order dated 22.03.2011 conforming the order dated 08.12.2010 passed in C.C.No.411 of 2006 on the file of the learned Judicial Magistrate No.II, Virudhunagar.

For Petitioner : Mr.K.Gokul For Respondent : Mrs.S.Bharathi Government Advocate (Crl.side)

ORDER

The petitioner was found guilty of the offence under Section 498(A) of IPC and sentenced to two years simple imprisonment by the learned Judicial Magistrate No.2, Virudhunagar in C.C.No.411 of 2006. The same was confirmed in Criminal Appeal No.01 of 2011 on the file of the Additional District Judge/Fast Track Court, Virudhunagar, by Judgment dated 22.03.2011. Questioning the same, this criminal revision petition has been filed.

https://hcservices.ecourts.gov.in/hcservices/

2.When the matter was taken up for hearing, the learned counsel appearing for the petitioner submitted that he would not question the finding of guilt and that, he would be satisfied, if some modification is shown in the matter of sentence. The petitioner's counsel pointed out that the victim had already got married and is also having a child through the other marriage. The petitioner has also filed a suit seeking declaration that the marriage performed with the victim is null and void. The petitioner is only a coolie worker.

3.Taking note of these aspects, the sentence of imprisonment and fine imposed on the petitioner is set aside. The petitioner's counsel, however, states that he will not apply for refund of the fine amount. The petitioner shall deposit a sum of Rs.10,000/- to the credit of C.C.No.411 of 2006 on the file of the Judicial Magistrate No.2, Virudhunagar. The Legal Service Authority shall take steps to have the said amount handed over to the victim Jakkammal. If the petitioner fails to pay the compensation amount within a period of eight weeks from the date of receipt of a copy of this order, the petitioner will have to undergo the default sentence of six months simple imprisonment. 4.With this modification, this criminal revision case is partly allowed.

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

1. The Inspector of Police, All Woman Police Station, Virudhunagar District.

2. The Judicial Magistrate No.II, Virudhunagar.

3. The Additional District Judge, Fast Track Court, Virudhunagar. Copy to:

The Legal Services Authority, Virudhunagar.

+ 1 CC to Mr.K.Gokul, Advocate in SR.No.71432 Crl.R.C(MD)No.324 of 2011 https://hcservices.ecourts.gov.in/hcservices/ 26.06.2019 KS(11.07.2019) 2 P 6 C