P.Kathirvel vs M/S. Chola Spinning Mills Private ...
2023 Latest Caselaw 9626 Mad

                                                                                  Crl.O.P.No.15411 of 2023


                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                      DATED : 03.08.2023

                                                          CORAM :

                                  THE HON'BLE MR.JUSTICE N.ANAND VENKATESH

                                                 Crl.O.P.No.15411 of 2023

                    P.Kathirvel                               .. Petitioner

                                                           Versus

                    1. M/s. Chola Spinning Mills Private Ltd.,
                       Rep. by its Director S.Venkatachalam

                    2. The Superintendent of Police,
                       Coimbatore District.                          .. Respondents

                    Prayer : Criminal Original Petition filed under Section 482 of the Code of
                    Criminal Procedure, to direct the sentences passed by the learned Judicial
                    Magistrate, Komarapalayam, Namakkal District in S.T.C.No.121 of 2020,
                    S.T.C.No.123 of 2020, S.T.C.No.124 of 2020, S.T.C.No.131 of 2020,
                    S.T.C.No.159 of 2020, S.T.C.No.163 of 2020, S.T.C.No.169 of 2020,
                    S.T.C.No.172 of 2020, S.T.C.No.173 of 2020, S.T.C.No.174 of 2020,
                    S.T.C.No.201 of 2020 and S.T.C.No.610 of 2020 all are dated 18.05.2023 to
                    run concurrently against the petitioner.

                                     For Petitioner      : Mr.B.Mohan

                                     For Respondents : Mr.R.Marudhachalamurthy,
                                                  for R1
                                                : Mr.A.Damodaran,
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                                                                                  Crl.O.P.No.15411 of 2023


                                                 Additional Public Prosecutor
                                                 for R2

                                                         ORDER

This petition has been filed to direct the sentences imposed against

the petitioner in thirteen cases to run concurrently in line with Section 427

of Cr.P.C.

2. It is seen that the judgment of conviction and sentence was passed

in all the thirteen cases on 18.05.2023 and the petitioner has not chosen to

file any appeal till date. It is quite surprising that the petitioner has not been

secured and he is not even undergoing the sentence till date. In the

meantime, this petition has been moved to direct all the sentences to run

concurrently in the thirteen cases where the petitioner has been convicted.

3. The learned Counsel for the first respondent / complainant

submitted that the complainant has already taken steps to file an appeal on

the ground that a lesser sentence has been imposed by the Court below and

no compensation has been ordered.

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

Crl.O.P.No.15411 of 2023

4. The issue with regard to the sentences running concurrently can be

considered only if a person is already undergoing sentence and the sentence

that has been imposed in the other cases also merges with the sentence that

is undergone by the accused person. In the present case, the petitioner has

not even surrendered and is not undergoing any imprisonment. In view of

the same, there is no scope for this Court to direct the sentences to run

concurrently at this stage. This is more so due to the fact that the first

respondent has already taken steps to file appeals on the ground that a lesser

has been imposed against the petitioner.

5. In view of the above, this Criminal Original Petition stands

dismissed for the present.

                                                                                         03.08.2023
                    Index       : yes/no

Speaking order/Non-speaking order Neutral Citation : yes/no grs

To

1. The Judicial Magistrate, Komarapalayam, Namakkal District.

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

Crl.O.P.No.15411 of 2023

2. The Superintendent of Police, Coimbatore District.

3. The Public Prosecutor, High Court of Madras.

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

Crl.O.P.No.15411 of 2023

N.ANAND VENKATESH, J.

grs

Crl.O.P.No.15411 of 2023

03.08.2023

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