Madras High Court
A.S.Muthukrishnan vs The Superintendant Of Prison on 22 January, 2021
Crl.OP(MD).No.15728 of 2020
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 22.01.2021
CORAM:
THE HONOURABLE MRS.JUSTICE R. HEMALATHA
Crl.OP(MD)No.15728 of 2020
A.S.Muthukrishnan ... Petitioner
vs.
The State, Rep. by,
1.The Superintendant of Prison,
Central Prison, Madurai.
2.The Inspector of Police,
Rajapalayam North Police Station,
Rajapalayam, Virudhunagar District. ... Respondents
PRAYER: Criminal Original Petition filed under Section 482 of Code of
Criminal Procedure to order the sentence of imprisonment imposed in the
Judgment in CA.No.22 of 2009 dated 21.07.2009 by the Principal
Sessions Judge, Srivilliputhur, Viruthunagar District and the sentence of
imprisonment imposed in the Judgment in Crl.A(MD)No.60 of 2007
dated 14.11.2007 by this Court to run concurrently.
1/6
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Crl.OP(MD).No.15728 of 2020
For Petitioner :Mr.V.Selvakumar
For R1 & R2 :Mr.S.Chandrasekar
Additional Public Prosecutor
ORDER
The present petition is filed to order the sentence of
imprisonment imposed in CA.No.22 of 2009 passed by the learned
Principal Sessions Judge, Srivilliputhur, Viruthunagar District on
21.07.2009 and the sentence of imprisonment imposed in Crl.A(MD)No.
60 of 2007 by this Court in its Judgment dated 14.11.2007 to run
concurrently.
2. Mr.S.Chandrasekar, learned Additional Public Prosecutor
accepts notice on behalf of the respondents.
3. Mr.V.Selvakumar, learned counsel appearing for the
petitioner relied on the Judgment in K.Arasan and others vs. The State of
Tamil Nadu represented by Inspector of Police and others reported in
2012 (6) CTC 501 and contended that the inherent powers of the High
Court under Section 482 of Code of Criminal Procedure can be extended
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Crl.OP(MD).No.15728 of 2020
to issue a direction ordering the sentence imposed in a latter case of
conviction to run concurrently with the sentence imposed in a former case
as provided under Section 427 of Code of Criminal Procedure. In the said
decision it has been observed as follows:
"16.It is to be reiterated that invoking the
jurisdiction under Section 482 Cr.P.C., in order to
grant the relief under Section 427 Cr.P.C. would
not amount to altering, varying or modifying the
findings of the trial Court or appellate Court. On
the other hand, it is always open to this Court to
exercise power under Section 482 Cr.P.C. to secure
the ends of justice. It is needless to say that this
Court has to exercise its judicial discretion for
invoking the power under Section 482 Cr.P.C. for
granting the relief under Section 427 Cr.P.C., on
the basis of the facts and circumstances and gravity
of the charge levelled against the accused in each
case.
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Crl.OP(MD).No.15728 of 2020
17.In the result, we are answering the
reference to the effect that the inherent power of the
High Court under Section 482 Cr.P.C., can very
well be extended to issue a direction ordering the
sentence imposed in a latter case on conviction to
run concurrently with the sentence imposed in a
former case as provided under Section 427
Cr.P.C."
In the Criminal Appeal (MD)No.60 of 2017, the petitioner was convicted
for the offence under Section 302 of Indian Penal Code and was
sentenced to undergo life imprisonment. In CA.No.22 of 2009, the
offence was under Section 394 of Indian Penal Code and the accused was
sentenced to undergo Rigorous Imprisonment for a period of 40 months.
Since in the former case life imprisonment was inflicted, there cannot be
any impediment in allowing this petition.
4.In the facts and circumstances, it is ordered that the sentence
of life imprisonment in CA.No.22 of 2009 passed by the learned Principal
Sessions Judge, Srivilliputhur, Viruthunagar District on 21.07.2009 shall
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Crl.OP(MD).No.15728 of 2020
run concurrently with the sentence of imprisonment for a period of 40
months passed in Crl.A(MD)No.60 of 2007 by this Court on 14.11.2007.
Accordingly, this petition is allowed.
22.01.2021
mbi
Index : Yes/No
Internet: Yes
Speaking/Non-Speaking order
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.
To
1.The Superintendant of Prison,
Central Prison, Madurai.
2.The Inspector of Police,
Rajapalayam North Police Station,
Rajapalayam, Virudhunagar District.
3.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
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Crl.OP(MD).No.15728 of 2020
R.HEMALATHA, J.
mbi
Crl.OP(MD)No.15728 of 2020
22.01.2021
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