Crl.RC.No.1329 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 13.09.2022
Coram:
THE HONOURABLE MR. JUSTICE P.VELMURUGAN
Criminal Revision Case No.1329 of 2022
1. Venkatesh
2. Thangam @ Krishnan ... Petitioners
Vs.
State represented by
The Inspector of Police
Deevattipatty Police Station
Salem District
(Crime No.161 of 2015) ... Respondent
Prayer: Criminal Revision filed under Section 397 and 401 of Criminal
Procedure Code, praying to set aside the order passed in C.M.P.No.46 of
2022 in Crl.A.No.48 of 2022 dated 13.07.2022 on the file of I Additional
District and Sessions Judge, Salem, and enlarge the petitioners on bail by
suspending the sentence imposed in S.C.No.34 of 2017 dated 22.04.2022
on the file of the learned Assistant Sessions Judge, Omalur, Salem
District.
For Petitioners :Mr.T.Muruganantham
For Respondent : Mr.N.Muthuvel
Government Advocate
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https://www.mhc.tn.gov.in/judis
Crl.RC.No.1329 of 2022
ORDER
This Criminal Revision Petition has been filed against the order passed by the I Additional District and Sessions Judge, Salem, in C.M.P.No.46 of 2022 in Crl.A.No.48 of 2022 dated 13.07.2022 and to enlarge the petitioners on bail by suspending the sentence imposed in S.C.No.34 of 2017 dated 22.04.2022, passed by the learned Assistant Sessions Judge, Omalur, Salem District.
2. The revision petitioners are the accused in the criminal case in Crime No.161 of 2015 on the file of the respondent police. After investigation, the respondent police filed charge sheet before the jurisdictional Magistrate. After committal, the learned Sessions Judge taken cognizance of the charge sheet in S.C.No.34 of 2017 and made over to the Assistant Sessions Judge, Omalur, Salem. After completing the trial, the learned Assistant Sessions Judge, Omalur, convicted the petitioners for the offences under Sections 452 and 392 IPC and sentenced them to undergo 3 years Rigorous imprisonment for the 2/6 https://www.mhc.tn.gov.in/judis Crl.RC.No.1329 of 2022 offence under Section 452 IPC and to pay fine of Rs.2,000/- in default to undergo 6 months simple imprisonment and they were also sentenced to undergo 7 years rigorous imprisonment and to pay fine of Rs.3,000/- in default, to undergo one year simple imprisonment.
3. Challenging the said Judgment of conviction and sentence, the petitioners had filed appeal before the Principal District and Sessions Judge. The learned Principal District and Sessions Judge, taken the appeal on file in Crl.A.No.48 of 2022 and made over to the I Additional District and Sessions Judge, Salem in which, the petitioners filed a petition in C.M.P.No.46 of 2022 under Section 389 Cr.P.C. to suspend the sentence passed against the petitioners, by the Assistant Sessions Judge, Omalur, Salem, in S.C.No.34 of 2017 dated 22.04.2022, till the disposal of the appeal. The said petition was dismissed by order dated 13.07.2022. Against which, the present revision has been filed before this Court. 3/6 https://www.mhc.tn.gov.in/judis Crl.RC.No.1329 of 2022
4. Heard the learned counsel for the petitioners and the learned Government Advocate appearing for the respondent police and perused the materials on record.
5. A careful reading of the impugned order passed by the learned I Additional District and Sessions Judge, Salem shows that the petitioners have been convicted for the offences under Sections 452 and 392 IPC. The P.W.1 is the defacto complainant. On 11.03.2015 at about 4.20 p.m., under the guise of asking water, the petitioners have entered into the house of the defacto complainant and robbed jewels and cell phone from her, during day time at knife point. It is the case where the defaco complainant is an eyewitness. The stolen properties were also recovered and the same were also identified. The trial Court after trial, convicted the petitioners. On considering the said facts, the I Additional District and Sessions Judge, Salem, was not inclined to suspend the sentence imposed by the Assistant Sessions Judge, Omalur, Salem, and therefore, dismissed the petition filed by the petitioners. This Court does not find any merits in this case. Hence, the revision is liable to be dismissed. 4/6 https://www.mhc.tn.gov.in/judis Crl.RC.No.1329 of 2022
6. Accordingly, this Criminal Revision Case is dismissed.
7. The I Additional District and Sessions Judge, Salem, is directed to take up the main appeal in Crl.A.No.48 of 2022 and dispose of the same within a period of two moths from the date of receipt of a copy of this order, in accordance with law.
13.09.2022 ksa-2 To
1. I Additional District and Sessions Judge, Salem,
2. The Assistant Sessions Judge, Omalur, Salem District.
3. The Inspector of Police Deevattipatty Police Station Salem District
4. The Public Prosecutor High Court, Madras 5/6 https://www.mhc.tn.gov.in/judis Crl.RC.No.1329 of 2022 P.VELMURUGAN ksa-2 Criminal Revision Case No.1329 of 2022 13.09.2022 6/6 https://www.mhc.tn.gov.in/judis