Venkatesh vs State Represented By
2022 Latest Caselaw 15227 Mad

                                                                               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




                     1/6


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

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.

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.

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

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

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