Madras High CourtCRL RC(MD)/725/2011partly allowed

Thamizharasi @ Devi @ Selvi v. The Sub-Inspector Of Police

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

BAIL SLIP The Petitioner/Accused viz., Tamizharasi @ Devi @ Selvi, was released on bail as per the order of this court dated in 14.09.2011 made in MP(MD) No.1/2011 in CRL RC(MD) No.725 of 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.725 of 2011 Tamizharasi @ Devi @ Selvi ... Petitioner Vs.

The State rep. by The Sub Inspector of Police, Theni Police Station.

... Respondent (Crime No.560 of 2007) Prayer: Criminal Revision Case is filed under Section 397 r/w. 401 of Cr.P.C, to set aside the judgment of conviction dated 15.06.2010 made in C.C.No.194 of 2007 on the file of Judicial Magistrate, Theni imposing sentence on the petitioner for two years simple imprisonment for an offence under Section 420 IPC and pay a fine of Rs.1,000/- in default to pay fine confirmed in C.A.No.45 of 2010 on the file of Additional District and Sessions Judge, Periyakulam, dated 29.04.2011.

For Petitioner : Mr.B.Jameel Arasu For Respondent : Mr.A.Robinson Government Advocate (Crl. Side)

O R D E R

The petitioner was found guilty of the offence under Section 420 of I.P.C. and sentenced to undergo two years simple imprisonment and levied with fine of Rs.1,000/- by the learned Trial Magistrate in C.C.No.194 of 2007, on the file of the learned Judicial Magistrate, Theni. The same was confirmed in C.A.No.45 of 2010, on the file of the learned Additional District and Sessions Judge, Fast Track Court, Periyakulam. The same is under challenge in this criminal revision case.

2.When the matter was taken up for hearing, the learned counsel appearing for the revision petitioner submitted that he would not challenge the finding of the guilt and that he would be satisfied if some leniency is shown in the matter of sentence. The petitioner is a woman. No doubt, the petitioner did not have good antecedents when this case was taken up for trial. He would state https://hcservices.ecourts.gov.in/hcservices/

that for the last 10 years the petitioner has not come under any adverse notice. In view of the submission made by the learned counsel appearing for the petitioner, the sentence imposed on the petitioner is reduced to the period already undergone. With this modification, this criminal revision case is partly allowed. Sd/- Assistant Registrar(CS-III) /TRUE COPY/ Sub Assistant Registrar To:

1.The Judicial Magistrate, Theni.

2.The Additional District and Sessions Judge, Periyakulam.

3.The Sub Inspector of Police, Theni Police Station, Theni.

+1 CC to M/s.B.JAMEEL ARASU, Advocate ( SR-71346[F] dated 26/06/2019 ) Crl.R.C.(MD)No.725 of 2011 25.06.2019 ias JM/26.08.2019/2P/5C https://hcservices.ecourts.gov.in/hcservices/