Madras High CourtCRL RC(MD)/308/2013partly allowed

Nallakannu v. The Sub Inspector Of Police

2019-07-01Honourable Mr Justice G.R.Swaminathan3 pages

Bail Slip Appellant/Accused namely Nallakannu aged about 31 years S/o.Murugan, was directed to be released on bail as per order of this Court dated 01.04.2013 and made in MP(MD)No.3 of 2013 and made in Crl.R.C(MD)No.308 of 2013 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.07.2019

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.R.C(MD)No.308 of 2013 Nallakannu ... Appellant/Petitioner/Accused No.2 Vs The State represented by, The Sub Inspector of Police, Seevalaperi Police Station, Tirunelveli District.

(Crime No.64 of 2009) ... Respondent/Respondent/Complainant PRAYER: Petition filed under Section 397 r/w 401 of Criminal Procedure Code, to call for the entire records pertaining to the Judgment delivered by the learned Judicial Magistrate No.3, Tirunelveli in C.C.No.225 of 2009, vide his Judgment daed 14.06.2012 which has been subsequently confirmed by the learned Additional Sessions Judge / IV Additional Sessions Court, Tirunelveli in C.A.No.44 of 2012 vide his Judgment dated 07.09.2012 and by setting aside the same.

For Petitioner : Mr.P.Samuel Gunasingh For Respondent : Mrs.S.Bharathi Government Advocate (Crl.side)

ORDER

The petitioner along with another accused are said to have attacked the defacto complainant Petchiammal on 06.05.2009 at about 05.00 p.m. In this regard, Crime No.64 of 2009 was registered on the file of the Sub Inspector of Police, Seevalaperi Police Station. The Investigating Officer filed final report against the petitioner and another. The learned Judicial Magistrate No.III, Tirunelveli, took cognizance of the offences under Sections 341, 323,324, 506(ii), 452 and 427 of IPC. The petitioner denied the charges and claimed to be tried. As many as 10 witnesses were examined in support of the prosecution case. Ex.P1 to P.12 were marked. M.O.1 and M.O.2 were also marked. On the side of the accused, no evidence was adduced. The trial Magistrate, by Judgment dated 14.06.2012 convicted and sentenced

the accused in the following manner:- Accused Penal Provisions Punishment Accused No.2 341 IPC Fine amount of Rs.300/-, in default to undergo, one week simple imprisonment 323 IPC To undergo simple imprisonment for one month 452 IPC To undergo simple imprisonment for three months with fine amount of Rs.300/-, in default to undergo one month simple imprisonment 427 IPC To undergo simple imprisonment for one month Section 4 of TNPWH Act To undergo simple imprisonment for one year with fine of Rs.10,000/- in default, to undergo three months simple imprisonment.

The Appellate Court also confirmed the same. The petitioner herein was directed to pay a sum of Rs.10,000/- as fine. Out of the same, a sum of Rs. 9,000/- was to be paid to P.W.2Petchiammal as compensation. 2.When the matter was taken up for hearing, the petitioner's counsel submitted that he would not question the finding of guilt and that, he would be satisfied, if leniency is shown in the matter of punishment. The occurrence had taken place more than 10 years ago. But then, on the side of the prosecution, it is submitted that the petitioner has come under adverse notice even thereafter as Crime No.47 of 2018 was registered against the petitioner for the offences under Sections 294(b), 323, 324, 506 (ii) of IPC. Therefore, I am of the view that interest of justice will be served by directing the petitioner to pay a further sum of Rs.

3,000/- as compensation to Petchiammal-P.W.2. The petitioner shall also file an affidavit of apology before the learned trial Magistrate. When disbursing the compensation amount of Rs.

petitioner. This shall be done by the petitioner within a period of four 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, the sentence imposed by the Appellate Court would stand automatically restored. The sentence of imprisonment will stand set aside, if the appellant complies with the direction issued herein.

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

Sd/- Assistant Registrar (CS-II) // True Copy // Sub Assistant Registrar(CS) rmi To 1.The Additional Sessions Judge / IV Additional Sessions Court, Tirunelveli.

2.The Principal Sessions Judge, Tirunelveli 3.The Judicial Magistrate NO.3, Tirunelveli 4.Do Thro'

The Chief Judicial Magistrate, Tirunelveli 5.The Superintendent, Central Prison, Tirunelveli 6.The The Sub Inspector of Police, Seevalaperi Police Station, Tirunelveli District.

7.The Additional Public Prosecutor Madurai Bench of Madras High Court, Madruai copy to The Section Officer-2 copies Criminal section Madurai Bench of Madras High Court, Madruai Crl.R.C(MD)No.308 of 2013 01.07.2019 KM/(17.09.2019) 3P 10C