M.Senthil Kumar vs State Rep. By
2021 Latest Caselaw 23354 Mad

                                                                                    Crl.R.C.No.406 of 2014

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                    DATED : 30.11.2021

                                                         CORAM :

                      THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY
                                                    Crl.R.C.No.406 of 2014

                M.Senthil Kumar                                                  .. Petitioner

                                                           Versus

                State rep. by
                The Sub-Inspector of Police.
                Sankagiri Police Station,
                Salem district.                                                  .. Respondent

                Prayer : Criminal Revision Case is filed under Section 397 and 401 of Cr.P.C.,
                to set side the judgment in C.A.No.52 of 2013 dated 27.11.2013 of the III
                Additional District and Sessions Judge Court, Salem, confirming the judgment
                and sentence in C.C.No.37 of 2012 on the file of the learned Judicial
                Magistrate-I, Sankagiri dated 31.05.2013 and call for the records and acquit the
                petitioner from the charges.

                                   For Petitioner      : Mr.P.Udhayashankar

                                   For Respondent      : Mr.L.Baskaran
                                                         Government Advocate (Crl.Side)

                                                          ORDER

This revision is filed by the petitioner/accused namely, Senthil Kumar

against the conviction and sentence for the offences under Sections 279, 337 (2

counts) and 304-A of the Indian Penal Code.

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

Crl.R.C.No.406 of 2014

2. On 18.09.2011, a complaint has been lodged against the petitioner that

he drove Maruthi-800 Car, bearing registration No.TN AB 4777, in a rash and

negligent manner, resulting in the toppling of the vehicle and in the process,

injured two persons, who were riding a motorcycle namely, one Manikam and

Kuppannan and causing death of his co-passenger namely, one Palanivel. A

chargesheet was laid by the Inspector of Police, Sankagiri Police Station, which

was taken on file as C.C.No.37 of 2012 and by a judgment dated 29.10.2009,

the learned Judicial Magistrate No.I, Sankagiri found the petitioner/accused

guilty of the offence under Section 279 of I.P.C and imposed a fine of

Rs.1,000/- , and in default to undergo Simple Imprisonment for a period of

three months; of the offence under Section 337 (2 counts) and imposed a fine of

Rs.500/- for each count and in default of payment of fine three months Simple

Imprisonment; and of the offences under Section 304-A of I.P.C and imposed a

sentence of one year Simple Imprisonment and fine of Rs.3,000/- and in

default, to undergo imprisonment for a period of three months.

3. Aggrieved by the said judgment, the petitioner herein filed an appeal

in Crl.A.No.57 of 2013 on the file of the learned III Additional District and

Sessions Judge, Salem. By a judgment dated 27.11.2013, the learned Appellate https://www.mhc.tn.gov.in/judis

Crl.R.C.No.406 of 2014

Judge confirmed the conviction and modified the sentence. While confirming

the above amounts of fine imposed for the offences under Sections 279 and 337

(2 counts), the Appellate Court reduced the sentence of imprisonment imposed

for the offence under Section 304-A from one year to that of three months,

while confirming the fine amount of Rs.3,000/-. Against the said judgment, the

present Revision Case is laid before this Court.

4. When the matter came up for hearing today, Mr.P.Udhayashankar, the

learned Counsel for the petitioner, who filed a memo on behalf of the petitioner

had straightaway submitted that without going into the merits, this Court may

consider the case of the petitioner for releasing on probation of good conduct

as per the provisions of Section 360 of the Code of Criminal Procedure, 1973.

He also relied on the judgment of the Hon'ble Supreme Court of India in

Lakhvir Singh etc., Vs. The State of Punjab and another1, in Criminal Appeal

Nos.47-48 of 2021, in which, while dealing with the mandatory nature of

releasing persons under 21 years of age, the Hon'ble Supreme Court of India

had explained the purpose of the provisions and the importance of exercise of

such power and submitted that in this case, even though the petitioner is more

than 21 years of age, this Court should exercise the discretion and release him

1 (2021) 2 SCC 763 = (2012) 2 SCC (Cri) 96 = (2021) SCC Online SC 25 https://www.mhc.tn.gov.in/judis

Crl.R.C.No.406 of 2014

on probation.

5. In the memo, filed in support of his submission, it is submitted that the

petitioner, who is now 39 years of age, is eking out his livelihood as labour

contractor for civil mason works and he is the sole bread winner of the family

consisting of his wife, Meenakshi and two children i.e., a son, aged about 10

years, by name Jacob Francklin and a daughter, aged about 7 years, by name

Caron Princess. The petitioner is law abiding citizen and who has never

involved in any offence either before the case or thereafter.

6. As a matter of fact, the learned Counsel also invited this Court to

consider the manner of accident. This is a case, where the petitioner, at the age

of 29 years, along with his close friend, Palanivel, drove the car and lost control

of the vehicle and unfortunately, the co-passenger passed away due to head

injury. A two wheeler was hit and the persons riding in it did not suffer major

injuries. The accident happened in the year 2011 and after ten years, now the

petitioner is leading a reformed life and therefore, this is a fit case for releasing

the petitioner on probation in exercise of the powers under Section 360 of Code

of Criminal Procedure. He also brought to the notice of this Court that under

Section 360(4) of Cr.P.C., the Appellate Court as well as Courts exercising https://www.mhc.tn.gov.in/judis

Crl.R.C.No.406 of 2014

power of revision can also release the accused on admonition or probation of

good conduct.

7. I have given my careful considerations to the submission made by the

learned Counsel for the petitioner. I have gone through the records and the

nature of the accident. I heard the learned Government Advocate (Criminal

Side), appearing for the respondent. The learned Government Advocate

(Criminal Side) would submit that the two persons travelling in the motorcycle

got injured and the co-passenger died due to the accident. He would confirm

the manner of the accident and also, on instructions, agreed that the submission

of the learned Counsel for the petitioner that the petitioner has no other

antecedent than the present one.

8. As per Section 360 of the Code of Criminal Procedure, if any person,

who is above 21 years of age is convicted of an offence, which is punishable

with fine only or with imprisonment for a term of seven years or less and no

previous conviction is proved against the offender, if it appears to the Court

before which he is convicted, having regard to the age, character or antecedents

of the offender, and to the circumstances in which the offence was committed,

that it is expedient that the offender should be released on probation of good https://www.mhc.tn.gov.in/judis

Crl.R.C.No.406 of 2014

conduct, the Court may, instead of sentencing him at once to any punishment,

direct that he be released on entering into a bond, with or without sureties, to

appear and receive sentence when called upon during such period (not

exceeding three years) as the Court may direct and in the meantime to keep the

peace and be of good behaviour.

9. The petitioner herein is now found, by this Court, guilty of the

offences under Sections 279, 337 (2 counts) and 304-A of I.P.C, which are

punishable for a term of imprisonment and less than seven years. Secondly, as

stated by the learned Counsel for the petitioner, the age of the petitioner, at the

time of commission of offence was 29 years and he was driving along with his

friend, who is also of the same age in the Maruthi-800 Car. The petitioner has

got no other bad antecedents and he is leading a law abiding life. If the

circumstances of the accident is taken into account, this is a case where he lost

control of the vehicle and the vehicle turned topsy-turvy in the process, hitting

a motocycle also. As a matter of fact, it is seen that the petitioner himself

suffered severe spine and knee injuries, at the time of accident.

10. Considering all these factors and since the petitioner's case satisfies

the necessary conditions for release on probation under Section 360 of Code of https://www.mhc.tn.gov.in/judis

Crl.R.C.No.406 of 2014

Criminal Procedure, upon confirming his conviction, instead passing a

sentence, this Court releases the petitioner on probation of good conduct on

condition that:

(a) the petitioner shall execute a bond before the learned Judicial

Magistrate No.I, Sankagiri that for a period of three years he will continue the

good behaviour and keep peace and will not get involved in any criminal case

of any nature whatsoever;

(b) the petitioner shall also produce two sureties for a sum of Rs.10,000/-

each, who will vouch for the fact that in the event of violation of bond by the

petitioner, they will ensure that the petitioner will appear before this Court for

taking the sentence.

11. The present Criminal Revision Case is ordered accordingly.

30.11.2021

Index : yes/no Speaking order grs

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Crl.R.C.No.406 of 2014

To

1.The III Additional District and Sessions Judge, Salem.

2.The Judicial Magistrate-I, Sankagiri.

3.The Public Prosecutor, High Court of Madras.

4.The Sub-Inspector of Police.

Sankagiri Police Station, Salem district.

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

Crl.R.C.No.406 of 2014

D.BHARATHA CHAKRAVARTHY, J.

grs

Crl.R.C.No.406 of 2014

30.11.2021

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