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Madras High CourtCRL RC(MD)/876/2011partly allowed

Sravanan v. The Inspector Of Police

2019-06-27Honourable Mr Justice G.R.Swaminathan2 pages

BAIL SLIP Saravanan, S/o.Tharmaraj Nadar, Aged about 27 years was released on bail vide order dated 17.11.2011 made in MP 1 of 2011 in Crl RC MD(MD)No.876 of 2011.

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.06.2019

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.R.C(MD)No.876 of 2011 Saravanan ... Petitioner/Appellant/Accused No.1 Vs State represented by, The Inspector of Police, Alwar Thirunagari Police Station, Cr.No.183/2009, Tuticorin District.

... Respondent/Respondent/Complainant PRAYER: Petition filed under Section 397 r/w 401 of Criminal Procedure Code, to call for the records from the lower Courts and to duly set aside the orders passed by the Additional Sessions Judge, Fast Track Court No.I, Tuticorin, Tuticorin District in her C.A.No.89 of 2010, dated 22.09.2011 confirming the conviction of the Assistant Sessions Judge cum Chief Judicial Magistrate, Tuticorin, Tuticorin District in S.C.No.20 of 2010, dated 23.11.2010 by allowing this revision.

For Petitioner : Mr.K.Prabhu For Respondent : Mr.A.Robinson Government Advocate (Crl.side)

ORDER

The petitioner suffered conviction for the offence under Section 307 of IPC and was sentenced to undergo rigorous imprisonment for five years and was also levied with fine of Rs.5,000/-. Questioning the aforesaid concurrent Judgments of conviction and sentence, this criminal revision case has been filed.

2.When the matter was taken up for hearing, the learned counsel appearing for the petitioner submitted that the petitioner would not challenge the finding of guilt and would also pay a sum of Rs.25,000/- to the defacto compensation as compensation. He further submitted that the petitioner was said to be in prison for about 40 days.

https://hcservices.ecourts.gov.in/hcservices/ 3.While sustaining the conviction imposed on the petitioner,

the sentence of imprisonment is reduced and modified to the period already undergone by him. The petitioner is however directed to deposit a sum of Rs.25,000/- to the credit of S.C.No.20 of 2010 on the file of the Assistant Session Judge, Fast Track Court No.I, Tuticorin, within a period of six weeks from the date of receipt of a copy of this order. In the event of failure on the part of the petitioner to do so, he shall undergo the default sentence of two years simple imprisonment. The learned trial Magistrate shall take steps to have the compensation amount handed over to the wife of P.W.1.

4.With this modification, this criminal revision case is partly allowed.

Sd/- Assistant Registrar (AD I) // True Copy // Sub Assistant Registrar(CS) To 1.The Inspector of Police, Alwar Thirunagari Police Station, Tuticorin District.

2.The Additional Sessions Judge, Fast Track Court No.I, Tuticorin, Tuticorin District.

3.The Assistant Sessions Judge cum Chief Judicial Magistrate, Tuticorin, Tuticorin District.

+1 CC to M/s.K.PRABHU, Advocate ( SR-71966[F] dated 27/06/2019 ) Crl.R.C(MD)No. 876 of 2011 27.06.2019 rmi KK/SAR/07.08.2019/2P-5C/ https://hcservices.ecourts.gov.in/hcservices/