Madras High Court
A.Sivadasan vs The State Rep. By on 16 December, 2021
Crl.O.P.Nos.31087 & 31089 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 16.12.2021
CORAM:
THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI
Crl.O.P.Nos.31087 & 31089 of 2019
A.Sivadasan .. Petitioner in both Crl.O.P.Nos.
Versus
The State Rep. By
Sub Inspector of Police,
Hosur Town Police Station,
Krishnagiri District. .. Respondent in both Crl.O.P.Nos.
Prayer in Crl.O.P.No.31087 of 2019: Criminal Original Petition filed under
Section 482 of Criminal Procedure Code, praying to set aside the order dated
27.09.2019 made in CMP.SR.No.8899 of 2019 in S.C.No.42 of 2016 on the
file of Assistant Sessions Judge, (Principal Sub Judge), Hosur and direct the
Assistant Sessions Judge, Hosur to return the original sale deed dated
15.06.2016 vide document No.9510 of 2015 produced by the surety Ms.Hina
Fazhall.
Prayer in Crl.O.P.No.31087 of 2019: Criminal Original Petition filed under
Section 482 of Criminal Procedure Code, praying to set aside the order dated
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Crl.O.P.Nos.31087 & 31089 of 2019
27.09.2019 made in CMP.SR.No.6437 of 2019 in S.C.No.42 of 2016 on the
file of Assistant Sessions Judge, (Principal Sub Judge), Hosur and direct the
Assistant Sessions Judge, Hosur to return the original sale deed dated
23.03.2011 vide document No.4109 of 2011 produced by the surety Mr.Syed
Sikkander.
For Petitioner : Mr.M.Karunanithi
For Respondent : Mr.A.Gokulakrishnan
Additional Public Prosecutor
COMMON ORDER
The petitioner has filed petitions in CMP.SR.No.8899 of
2019 and CMP.SR.No.6437 of 2019 in S.C.No.42 of 2016 before the learned
Assistant Sessions Judge, (Principal Subordinate Judge), Hosur, under Section
452 of Cr.P.C., for return of documents at conclusion of trial, which was
submitted by him at the time of execution of sureties as per the order dated
15.11.2017 passed by the learned trial Judge in S.C.No.42 of 2016, but the
petition was returned by the Court on 16.07.2019.
“This case is pending before the Hon'ble
High Court in CRC.No.1184 of 2018 and hence for this
petition is maintenance to be explained. Hence Returned.
Time two months.”
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Crl.O.P.Nos.31087 & 31089 of 2019
2. By Challenging that order, now the petitioner has
preferred these Criminal Original petition and is praying to direct the
Assistant Sessions Judge (Principal Subordinate Judge), Hosur to return the
original sale deed dated 15.06.2016, vide document No.9510 of 2015
produced by the surety / Ms.Hina Fazhall and sale deed dated 23.03.2011,
vide document No.4109 of 2011 produced by the surety / Mr.Syed Sikkander.
3. At the time of arguments, the learned counsel for the
petitioner submitted that in S.C.No.42 of 2016, the judgement was passed by
the learned Assistant Sessions Judge, Hosur on 15.11.2017, and in that
judgment, he was convicted for the offences under Sections 364, 384 and
506(i) IPC and sentenced to undergo five years Rigorous Imprisonment and to
pay a fine of Rs.1,000/-, in default to undergo three months Rigorous
Imprisonment for the offence under Section 364 IPC and undergo one year
Rigorous Imprisonment for the offence under Section 384 IPC and to undergo
one year Rigorous Imprisonment for the offence under Section 506(i) IPC.
Aggrieved by the said order, the petitioner has preferred an appeal in
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Crl.O.P.Nos.31087 & 31089 of 2019
Crl.A.No.50 of 2017, and the same was dismissed, vide judgement dated
27.09.2018 by the learned Additional District and Sessions Judge, Hosur.
Thereafter, he filed Crl.M.P.Nos.13945 and 13946 of 2018 in
Crl.R.C.No.1184 of 2018 and the same were admitted by this Court and the
sentence was suspended by order dated 16.10.2018. While suspending the
sentence, this Court directed the petitioner to furnish and execute a bond to
comply with the said order dated 27.09.2018 with two sureties each.
4. The fact is that the trial Court proceedings were initiated
before the learned Assistant Sessions Judge, (Principal Sub Judge), Hosur in
S.C.No.42 of 2016. Furthermore, as per the order dated 15.11.2017 passed,
while granting bail in SC.No.42 of 2016, the original sale deed was directed to
be submitted to comply with the bail order. From the above it is evident that
the sale deed was directed to be submitted only till such time the sureties were
executed. As of now sureties having stood executed, as per the order dated
16.10.2018 passed in Crl.M.P.Nos.13945 & 13946 of 2018, the sale deed
ought to be returned back to the petitioner, as it is not necessary for the trial
Court to retain it any more.
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Crl.O.P.Nos.31087 & 31089 of 2019
5. For the reasons aforesaid, these Criminal Original
petitions are allowed and the Court below is directed to return the sale deed
back to the petitioner.
16.12.2021
Index : Yes / No
Speaking Order:Yes/No
rri
To
1.The Assistant Sessions Judge,
(Principal Sub-Judge)
Hosur.
2.The Section Officer,
V.R.Section, High Court of Madras.
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Crl.O.P.Nos.31087 & 31089 of 2019
T.V.THAMILSELVI, J.
rri
Crl.O.P.Nos.31087 & 31089 of 2019
16.12.2021
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