Madras High Court
Moideen vs State Represented By on 24 November, 2023
Crl.R.C(MD)No.1177 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Reserved on : 20.10.2023
Pronounced on : 24.11.2023
CORAM:
THE HONOURABLE MR.JUSTICE P.VADAMALAI
Crl.R.C(MD)No.1177 of 2023
1.Moideen
2.Sathic Batcha ... Petitioners
Vs.
State represented by
The Inspector of Police,
Thanthonimalai Police Station,
Karur.
(Crime No.41 of 2019) ... Respondent
PRAYER : This Criminal Revision Case has been filed under Sections 397
r/w 401 of Criminal Procedure Code, to call for the records and set aside the
order passed in Crl.M.P.No.1559 of 2023 in C.A.No.160 of 2023 dated
29.09.2023 on the file of the Principal District and Sessions Judge, Karur by
allowing this Criminal Revision Petition.
For Petitioners : Mr.Murugan
For Respondent : Mr.K.Sanjay Gandhi
Government Advocate (Crl.side)
ORDER
This Criminal Revision Case is filed against the order dated
29.09.2023 passed in Crl.M.P.No.1559 of 2023 in C.A.No.160 of 2023 on
the file of the Principal District and Sessions Judge, Karur.
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2.The brief facts of the case:
The revision petitioners are accused in C.C.No.98 of 2019 on the file
of the Judicial Magistrate Court No.1, Karur and they found guilty for the
offence under Section 454 and 380 of IPC and sentenced them to undergo
Simple Imprisonment for a period of 3 years each and to pay a fine of Rs.
2,000/- each, in default, to undergo Simple Imprisonment for a period of
one month each for the offence under Section 454 of IPC and sentenced
them to undergo Simple Imprisonment for a period of 3 years each and to
pay a fine of Rs.2,000/- each, in default, to undergo Simple Imprisonment
for a period of one month each for the offence under Section 380 of IPC on
07.09.2023 with direction to run the sentences concurrently. Aggrieved by
the conviction and sentence the revision petitioners preferred the Criminal
Appeal in C.A.No.160 of 2023 before the Principal District and Sessions
Court, Karur and also filed the petition in Crl.M.P.No.1559 of 2023 under
Sections 439 & 389 (1) of Cr.P.C. to suspend the sentence and release them
on bail. The said petition in Crl.M.P.No.1559 of 2023 was dismissed on
29.09.2023 and being aggrieved by the order, the petitioners preferred this
Criminal Revision Case.
3. Heard both and perused the records in this Criminal Revision
Petition.
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4. The learned counsel appearing for the revision petitioners has
submitted that the learned Principal Sessions Judge, Karur dismissed the
petition for suspension of sentence on the ground that the petitioners did not
appear on the date of pronouncement of judgment and also having some
previous cases. Though the petitioners involved in many cases, the
petitioners are entitled to relief under Section 389(3) of Cr.P.C. and when
appeal is filed the petitioners are entitled for suspension of sentence relying
on the orders of this Court passed in Crl.M.P(MD)No.10901 of 2002 in
Crl.R.C.No.1684 of 2001 dated 25.10.2002 and Crl.R.C.No.1305 of 2014
dated 17.12.2014.
5. The learned Government Advocate (Crl.side) for the respondent
submitted that the petitioners are habitual offenders and they have 12
previous cases of same nature of offences and out of 12 cases, 9 cases are
still pending. He would further submit that at the time of judgment the
petitioners failed to appear before the Trial Court and only on execution of
NBW they were produced and then the conviction judgment was
pronounced by the trial court and the petitioners would abscond if they are
released on bail. Therefore, he strongly opposed this petition.
6.On hearing both, it is clear that at the time of judgment, the
petitioners did not appear before trial court and hence, on execution of
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NBW they were produced before Trial Court on 01.09.2023 and the
conviction judgment was passed on 07.09.2023. The petitioners involved in
many cases and the learned Government Advocate (Crl.side) for the
respondent submitted a list of cases, which are as follows:
Accused P.S. Crime Nos.
A1 - 1. Fairlands P.S., Salem. Cr.No.12 of 2018 - U/s. 380 and 454 of IPC.
Moidheen
2.Fairlands P.S., Salem. Cr.No.40 of 2018 - U/s.380, 454 and 506(2)
of IPC.
3.Pasupathipalayam P.S., Cr.No.55 of 2019 - U/s.380 and 454 of IPC
Karur.
4.Thanthonimalai P.S., Cr.Nos.41 of 2019 - U/s.380 & 454 of IPC.
Karur.
5.Thanthonimalai P.S., Cr.No.51 of 2019 - U/s.380 and 454 of IPC.
Karur.
6.Pattukottai P.S., Cr.No.1247 of 2021 – U/s.380 and 454 of
Thanjavur IPC.
7.Kovilpatti West P.S. Cr.No.3 of 2020 – U/s.380, 454, 457 of IPC
Thoothukudi. @ 380, 411, 414 & 457 of IPC.
8.Thiruvallur Taluk P.S. Cr.No.240 of 2019 – U/s.454 and 511 of IPC.
Tiruvallur.
9. Annanagar P.S. Cr.No.1686 of 2021 – U/s.380, 457 of IPC
Madurai City. @ 34, 380, 457 of IPC.
10.Annanagar P.S. Cr.No.1673 of 2021 – U/s.380 & 457 of IPC.
Madurai City.
11.Annanagar P.S. Cr.No.215 of 2021 – U/s.380, 457 of IPC @
Madurai City. 34, 380, 457 of IPC.
12.Annanagar P.S. Cr.No.207 of 2021 – U/s.380 and 457 of
Madurai City. IPC.
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A2 - 1.Pasupathipalayam P.S. Cr.No.55 of 2019 – U/s.380 & 454 of IPC
Sathic Karur.
Batcha
2.Thathonimalai P.S. Cr.No.51 of 2019 – U/s.380 & 454 of IPC
Karur.
3.Thathonimalai P.S. Cr.No.41 of 2019 – U/s.380 & 454 of IPC
Karur.
4.Annanagar P.S. Cr.No.1686 of 2021 – U/s.380, 457 of IPC @
Madurai City. 34, 380, 457 of IPC.
5.Annanagar P.S. Cr.No.1673 of 2021 – U/s.380 & 457 of IPC.
Madurai City
6.Annanagar P.S. Cr.No.215 of 2021 – U/s.380, 457 of IPC @
Madurai City 34, 380, 457 of IPC.
7.Annanagar P.S. Cr.No.207 of 2021 – U/s.380 and 457 of IPC.
Madurai City
8.Fairlands P.S., Cr.No.12 of 2018 - U/s. 380 and 454 of IPC.
Salem City
9.Fairlands P.S., Cr.No.40 of 2018 - U/s.380, 454 and 506(2)
Salem City. of IPC.
10.Kovilpatti West P.S. Cr.No.3 of 2020 – U/s.380, 454, 457 of IPC
Thoothukudi @ 380, 411, 414 & 457 of IPC.
11.Pattukottai P.S., Cr.No.1247 of 2021 – U/s.380 and 454 of
Thanjavur IPC.
Out of 12 cases, 9 cases are still pending for A1 and out 11 cases, 8
cases are still pending for A2.
7. All the cases are in similar nature of offence. It is not disputed by
the petitioners. The contention of learned Government Advocate (Crl.side)
that if the petitioners are released on bail, they would abscond and the
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pending cases would not get early disposal is acceptable one. The citations
relied on by the counsel for the petitioners are not applicable to the facts of
this case. In the above circumstances, this Court is not inclined to allow
this Criminal Revision Case.
8. In the result, this Criminal Revision Case stands dismissed.
24.11.2023
NCC : Yes / No
Index : Yes / No
Internet : Yes / No
vsd
To
1.The Principal District and Sessions Judge,
Karur.
2.The Inspector of Police,
Thanthonimalai Police Station,
Karur.
3.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
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P.VADAMALAI, J.
vsd
Pre - Delivery Order made in
24.11.2023
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