Packiaraj vs The Superintendent
2021 Latest Caselaw 24235 Mad

                                                                 Crl.O.P.(MD)No.19513 of 2021

                      BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                   DATED: 09.12.2021

                                                      CORAM:

                         THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN

                                          Crl.O.P(MD)No.19513 of 2021


                     Packiaraj                                              ... Petitioner


                                                         Vs

                     1.The Superintendent,
                       Central Prison,
                       Trichy.

                     2.The State,
                       Rep. by Inspector of Police,
                       Aavudaiyarkoil Police Station,
                       Pudukkottai District.                             ... Respondents

                     PRAYER: Petition filed under Section 482 Code of Criminal
                     Procedure, to direct the first respondent to execute the sentence
                     imposed in C.C.No.270 of 2013 dated 04.02.2021 on the file of the
                     learned Judicial Magistrate, Aranthangi and the sentence imposed in
                     C.C.No.286 of 2014 dated 21.12.2020 to run concurrently.


                                  For Petitioner       : Mr.D.Rameshkumar
                                  For R1 & R2          : Mr.M.Sakthi Kumar
                                                         Government Advcoate (Crl.)



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https://www.mhc.tn.gov.in/judis
                                                                    Crl.O.P.(MD)No.19513 of 2021


                                                 ORDER

Heard the learned counsel for the petitioner and the

learned Government Advocate(crl.) for the respondents.

2. The petitioner has been found guilty and sentenced to

three years imprisonment in C.C.No.270 of 2013 and C.C.No.286 of

2014 on the file of the Judicial Magistrate, Aranthangi. The

Judgment in C.C.No.270 of 2013 was rendered on 04.02.2021. The

Judgment in C.C.No.286 of 2014 was rendered on 21.12.2020.

3. The learned counsel for the petitioner states that this

Court may give a direction so that the sentences imposed in these

two cases can run concurrently. The petitioner's counsel invokes

Section 427 of Cr.P.C., in this regard. Section 427 of Cr.P.C., is as

follows:-

427. Sentence on offender already sentenced for

another offence.

(1) When a person already undergoing a sentence of imprisonment is sentenced on a subsequent conviction to imprisonment or imprisonment for life, such imprisonment or imprisonment for life shall commence at the expiration of the imprisonment to which he has been previously sentenced, unless the Court directs that the subsequent sentence shall run concurrently with such previous

https://www.mhc.tn.gov.in/judis Crl.O.P.(MD)No.19513 of 2021

sentence:

Provided that where a person who has been sentenced to imprisonment by an order under section 122 in default of furnishing security is, whilst undergoing such sentence, sentenced to imprisonment for an offence committed prior to the making of such order, the latter sentence shall commence immediately.

4. In this case, the sentencing Court has not given any

specific direction that the subsequent sentence shall run

concurrently with a previous sentence. Therefore, the subsequent

sentence will commence only at the expiration of the previous

sentence.

5. In normal circumstances, I would have been inclined to

exercise my discretion in favour of the petitioner. However, I

wanted to know the background of the petitioner.

6. In C.C.No.286 of 2014, the charge is that the petitioner

along with the other accused waylaid one Muthukannu and pushed

her down and also snatched her golden earrings which she was

wearing. In the process, Muthukannu's ears suffered torn injuries.

In C.C.No.270 of 2013, the petitioner along with one accused by

name Raja attacked one Kamalam who was bathing in the village

tank and snatched her earrings, nose steads and her thirumangalyam.

https://www.mhc.tn.gov.in/judis Crl.O.P.(MD)No.19513 of 2021

The witness Kamalam showed her torn ears to the Court also. The

manner in which the petitioner had committed the crimes is quite

gruesome. The petitioner is said to be facing a case for murder also.

7. It was probably considering the bad antecedents of the

petitioner, the court below declined to pass a specific direction that

the subsequent sentence will also run concurrently with a previous

sentence. When the trial Court had not issued any specific direction

under Section 427 of Cr.P.C, I do not deem it fit and appropriate to

give a direction as sought for in this petition.

8. This Criminal Original Petition stands dismissed.

09.12.2021

Index:Yes/No Internet:Yes/No rmi Note:

In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

https://www.mhc.tn.gov.in/judis Crl.O.P.(MD)No.19513 of 2021

To

1.The Superintendent, Central Prison, Trichy.

2.The Inspector of Police, Aavudaiyarkoil Police Station, Pudukkottai District.

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

https://www.mhc.tn.gov.in/judis Crl.O.P.(MD)No.19513 of 2021

G.R.SWAMINATHAN.J.,

rmi

Crl.O.P(MD)No.19513 of 2021

09.12.2021

https://www.mhc.tn.gov.in/judis