Kalyanasundaram vs The Inspector Of Police
2022 Latest Caselaw 15592 Mad

                                                                       Crl.R.C.(MD)No.846 of 2022

                       BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                              DATED: 21.09.2022

                                                      CORAM:

                                  THE HON'BLE MR.JUSTICE G.ILANGOVAN

                                          Crl.R.C.(MD)No.846 of 2022


                1. Kalyanasundaram

                2. Suresh

                3. Subburaj @ Subbiah

                4. Mahalingam
                                                                                   ... Petitioners

                                                        Vs

                The Inspector of Police,
                Watrap Police Station, Watrap.
                                                                                  ... Respondent


                Prayer: Criminal Revision Case filed under Section 397 r/w 401 Cr.P.C., to
                call for the records relating to the impugned order of the learned Principal
                District and Sessions Judge, Virudhunagar District at Srivilliputhur, passed in
                Crl.MP.No.2307 of 2022 in CA.No.84 of 2022, dated 17.08.2022, set aside the
                same.
                                    For Petitioners    : Mr. Thalaimutharasu G

                                    For Respondent     : Mr.S.Manikandan
                                                         Government Advocate (Criminal Side)

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                                                                         Crl.R.C.(MD)No.846 of 2022



                                                          ORDER

This Criminal Revision Case has been filed challenging the

impugned order of the Principal District and Sessions Judge, Virudhunagar

District at Srivilliputhur, in Crl.MP.No.2307 of 2022 in CA.No.84 of 2022,

dated 17.08.2022.

2.The facts in brief:

As per Judgment, dated 29.07.2022 in S.C.No.118 of 2014, on the

file of Additional District and Sessions Judge, Virudhunagar District at

Srivilliputhur, the petitioner was convicted and sentenced to undergo five years

rigorous imprisonment and Rs.3,000/- fine, for the offence punishable under

Section 326 IPC, four years rigorous imprisonment, for the offence under

Section 325 IPC and one year rigorous imprisonment, for the offence under

Section 324 IPC. Against the Judgment of conviction and sentence, the accused

persons preferred an appeal in C.A.No.84 of 2022, before the Principal District

and Sessions Judge, Virudhunagar District at Srivilliputhur. Pending the above

said appeal, the petition filed by the petitioners to suspend the sentence was

rejected by the Appellate Court, stating that there were several previous cases,

pending against the petitioners.

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Crl.R.C.(MD)No.846 of 2022

3.Challenging the same, this revision has been preferred, on the

ground that the weapon that was used by the second accused is not specifically

stated and there was no evidence to show that the fourth accused caused assault.

As per the prosecution, the first accused caused incised injury, but as per the

evidence of Doctor, there were cut injuries. Hence, the nature of weapon used

in committing the offence is not properly established.

4.Per contra, the learned Government Advocate (Crl.Side) would

submit that as per the evidence of PW10, cut injuries were made. Apart from

that there is a clear finding in the judgment of the trial Court that over the

weapon used and nature of injuries.

5.Heard both side. The learned counsel for the petitioners would

submit that the previous cases pending against the petitioners were already

disposed of and as on date, no case is pending against them. In contra, the

learned Government Advocate (Crl.Side) would produce a list of cases,

wherein, against the first accused, eight cases were pending, out of which, seven

cases were disposed of. Against the second accused, eight cases were pending

and all the cases were disposed of. Against the third accused, eight cases were

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Crl.R.C.(MD)No.846 of 2022

pending, out of which, some of the cases have been disposed of. Against the

fourth accused, twelve cases were pending, out of which, some of the cases

were disposed of. Whether the disposed cases ended in acquittal or conviction

is not clear on record.

6.This is a case of revision. Unless the petitioners are able to

establish the fact that there is irregularity or illegality committed by the

Appellate Court, the discretion exercised by the Appellate Court cannot be

interfered with. Moreover, it is only an intermediate order and not a final order.

The petitioners are at liberty to move the Appellate Court at any point of time,

namely, they can file successive applications, seeking suspension of sentence.

Since the petitioners are habitually involved in various cases, if they are

released on bail, after suspending their sentence, there is every likelihood of

absconding.

7.Moreover, the petitioners can revive the petition, if the appeal

cannot be taken up for hearing in recent future. Considering the oneness of the

crime, there shall be a direction to the Appellate Court to expedite the appeal

process and dispose the appeal, within three months, from the date of receipt of

copy of this order.

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Crl.R.C.(MD)No.846 of 2022

8.With the above said direction, this revision stands dismissed.

21.09.2022

Index :Yes/No Internet:Yes/No PNM

To

1. The II Class Administrative Magistrate Cum Revenue Tahsildhar, Revenue Tahsildar, Uthamapalayam, Theni District.

2. The Inspector of Police, Odaipatti Police Station, Theni District.(LIR No.20/2021).

3. The Superintendent, Special Prison For Women,Madurai.

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

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Crl.R.C.(MD)No.846 of 2022

G.ILANGOVAN,J.

PNM

ORDER IN Crl.R.C.(MD)No.846 of 2022

21.09.2022

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