Manikandan v. The Sub-Inspector Of Police

Bail Slip Manikandan, Male, 25/2013, S/o.Pulendran, Pulendran, Male, 65/2013, S/o.Irulan, Accused was released on bail by the Order of this Court dated 06/03/2013 made in MP(MD)NO.2 of 2013 and in Crl.RC(MD)No.200 of 2013.

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.06.2019 CORAM :

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN CRL RC(MD)No.200 of 2013 1.Manikandan 2.Pulendiran ... Petitioner /Accused Vs.

The State rep.by The Sub Inspector of Police, P.C.Patti Police Station, Theni District.

... Respondent / Complainant (crime no.100 of 2003) Prayer : This Criminal Revision Case is filed under Section 397 r/w 401 of Criminal Procedure Code, to call for the records on the file of the learned District Additional Sessions Judge, Periyakulam in C.A No.28 of 2011 confirming the conviction and sentence passed by the learned Judicial Magistrate, Theni in C.C No.488 of 2006 and set aside the judgments of the courts below. For Petitioner : Mr.A.K.Azhagarsami For Respondent : Mr.A.Robinson, Government Advocate (crl.side)

ORDER

The first petitioner was found guilty of the offence under Sections 341 and 323 IPC while the second petitioner was found guilty under Section 323 of IPC by the learned Judicial Magistrate, Theni by judgment dated 23.08.2011 and sentenced them. It was challenged by them before the Additional District and Sessions Judge, Theni at Periyakulam. By judgment dated 06.02.2013, the appellate court confirmed the judgment of the trial magistrate and dismissed the appeal. Challenging 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 petitioners submitted that he would not challenge the finding of guilt and that he would be https://hcservices.ecourts.gov.in/hcservices/

satisfied if some leniency is shown in the matter of punishment. I find the said request to be reasonable. The occurrence had taken place way back in the year 2003. More than 16 years had gone by. The offences in question are not serious in nature also. Therefore, even while sustaining the conviction and fine amount imposed on the accused, this court sets aside the sentence of imprisonment.

3.The criminal revision case is partly allowed. Sd/- Assistant Registrar (Crl.Side) // True Copy // Sub Assistant Registrar(CS ) To 1.The Additional District and Sessions Judge, Periyakulam. 2.The Principal Sessions Judge, Theni District. 3.The Judicial Magistrate, Theni.

4.The Chief Judicial Magistrate, Theni District. 5.The The Sub Inspector of Police, P.C.Patti Police Station, Theni District.

6.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

Copy to: The Section Officer, Criminal Section, Madurai Bench of Madras High Court, Madurai.

CRL RC(MD)No.200 of 2013 28.06.2019 CS(29.07.2019) 2P 9C https://hcservices.ecourts.gov.in/hcservices/