Madras High CourtCRL RC(MD)/696/2011disposed of

Ramadurai v. The Inspector Of Police

2019-06-25Honourable Mr Justice G.R.Swaminathan2 pages

Bail Slip The Petitioner/Accused namely Ramadurai, was released on bail as per the order of this Court dated 18.08.2011 made in MP(MD).No.1 of 2011 in Crl.RC(MD).No.696/2011 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.06.2019

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.R.C.(MD)No.696 of 2011 Ramadurai ... Petitioner Vs.

State through The Inspector of Police, Somarasanpettai Police Station, Tiruchirapalli District.

... Respondent (Crime No.224 of 2007) Prayer: Criminal Revision Case is filed under Section 397 r/w. 401 of Cr.P.C, to call for the records of the judgment and conviction passed by the learned Judicial Magistrate No.V, Thiruchirapalli in C.C.No.107 of 2008, dated 07.11.2009 for the offence under Section 324 of IPC and sentenced him to undergo 3 months rigorous imprisonment and the same was confirmed by the Additional District and Sessions Judge, Fast Track Court No.I, Thiruchirapalli in C.A.No.80 of 2009, dated 15.07.2011 and to set aside the same. For Petitioner : Mr.M.Jegadeeshpandian For Respondent : Mr.A.Robinson Government Advocate (Crl. Side)

O R D E R

The petitioner was found guilty of the offence under Section 324 of I.P.C. and convicted and sentenced to undergo three months rigorous imprisonment by the learned Trial Magistrate in C.C.No.107 of 2008, on the file of the learned Judicial Magistrate No.V, Thiruchirapalli. The same was questioned by the petitioner in C.A.No.80 of 2009 before the learned Additional District and Sessions Judge, Fast Track Court No.I, Thiruchirapalli. By judgment dated 15.07.2011, the appeal was dismissed and the judgment passed by the learned Judicial Magistrate was confirmed. Challenging the same, this criminal revision case 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 challenge the conviction imposed on the petitioner and that he would be satisfied if instead of imprisonment, he is allowed to pay fine. The reason is that the petitioner is now aged more than 56 years. The occurrence had taken place way back in the year 2007. More than 12 years have gone by. The injury caused to the victim was only simple in nature. Therefore, taking note of these mitigating aspects, the imprisonment of sentence imposed on the petitioner is set aside and instead the petitioner is directed to pay a sum of Rs.1,000/- as fine. The judgments of the Courts below are accordingly modified.

If the petitioner fails to remit the fine amount within a period of four weeks from the date of receipt of a copy of this order, he shall undergo the default sentence of three months simple imprisonment. The criminal revision case is partly allowed. The Courts below shall take steps to enforce this order.

1.The Additional District and Sessions Judge, Fast Track Court No.I, Thiruchirapalli.

2.The Judicial Magistrate No.V, Thiruchirapalli.

3.The Inspector of Police, Somarasanpettai Police Station, Tiruchirapalli District.

+1 CC to M/s.M.JEGADEESH PANDIAN, Advocate ( SR-71580[F] dated 26/06/2019 ) Crl.R.C.(MD)No.696 of 2011 25.06.2019 ias JMN(27.08.2019) 2P : 5C https://hcservices.ecourts.gov.in/hcservices/