Vijayendran, v. The Inspector Of Police,
Bail Slip The Criminal Revision Petitioner/Accused Viz. Vijayendran, S/o.Selvamani, was directed to be released on bail vide the order of this Hon'ble Court dated 12.07.2010 made in MP(MD).No.3/2011 in Crl.RC(MD).No.518/2011 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.06.2019
CORAM:
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN CRL RC(MD)No.518 of 2011 Vijayendran ... Petitioner /Appellant/Accused Vs.
State, rep.by Inspector of Police, Thiruvonam Police Station, Thanjavur District.
... Respondent / Respondent/ (crime no.208 of 2008) Complainant Prayer : This Criminal Revision Case is filed under Section 397 r/w 401 of Criminal Procedure Code, to call for the records of the learned Additional District & Sessions Judge (FTC-II), Pattukkottai in Crl.A.No.60 of 2010 by judgment dated 30.03.2011, confirming the conviction and sentence imposed by the learned District Munsif cum Judicial Magistrate, Orathanadu in C.C No.22 of 2009 by the judgment dated 18.06.2010 and set aside the judgments of the courts below and acquit the petitioner.
For Petitioner : Mr.S.Deenadhayalan For Respondent : Mr.A.Robinson, Government Advocate (crl.side)
ORDER
The revision petitioner was found guilty of the offence under Section 325 of IPC and sentenced to undergo rigorous imprisonment for three months and a fine amount of Rs.500/- was imposed. Questioning the same, the accused filed criminal appeal in Crl.A No.60 of 2010. By judgment dated 30.03.2011, the learned Additional District and Sessions Judge, Fast Track Court No.II, Pattukkottai dismissed the appeal. Questioning the same, this criminal revision case has been filed.
2.When the matter was taken up for hearing, the learned counsel appearing for the revision petitioner submitted that he would not question the finding of guilt rendered by the courts below and that he would be satisfied if some leniency is shown in the matter of sentence. He would further submit that he would not apply to the refund of the fine amount.
3.I find the said request to be reasonable. The occurrence in question itself had taken place in the year 2009. 10 years have elapsed. The revision petitioner is ready to deposit a sum of Rs.3,000/- to the credit of C.C No.22 of 2009 on the file of the District Munsif cum Judicial Magistrate Court, Orathanadu, towards compensation within a period of four weeks from the date of receipt of a copy of this order. The said submission is recorded. 4.The sentence of imprisonment is set aside. The conviction and fine imposed on the revision petitioner is confirmed. The petitioner shall deposit a sum of Rs.3,000/- to the credit of C.C No.22 of 2009 on the file of the District Munsif cum Judicial Magistrate, Orathanadu within a period of four weeks from the date of receipt of a copy of this order.
While depositing the compensation amount, he shall also execute an affidavit of apology expressing his regret to the defacto complainant. When the compensation amount is disbursed to the defacto complainant, a copy of the letter of apology will also be handed over to the victim. If the revision petitioner fails to adhere to this direction, the judgment passed by the appellate court would stand automatically restored.
5.This criminal revision case is partly allowed. Sd/- Assistant Registrar (Crl.Side) // True Copy // Sub Assistant Registrar(CS) To 1.The Additional District & Sessions Judge (FTC-II), Pattukkottai.
2.The District Munsif cum Judicial Magistrate, Orathanadu.
3.The Inspector of Police, Thiruvonam Police Station, Thanjavur District.
4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
+1 CC to M/s.S.DEENADHAYALAN, Advocate ( SR-70870[F] dated 24/06/2019 ) Copy to:
The Section Officer (2 Copies) Criminal Section, Madurai Bench of Madras High Court, Madurai.
CRL RC(MD)No.518 of 2011 21.06.2019 skm JMN(12.09.2019) 3P : 8C