Sasikala vs The State Rep By The Inspector Of Police
2023 Latest Caselaw 15482 Mad

Madras High Court

Sasikala vs The State Rep By The Inspector Of Police on 30 November, 2023

Author: G. Jayachandran

Bench: G. Jayachandran

                                                                                      Crl.O.P.No.27045 of 2023

                                    IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                       DATED : 30.11.2023

                                                            CORAM

                             THE HONOURABLE DR.JUSTICE G. JAYACHANDRAN

                                                   Crl.O.P.No.27045 of 2023
                    Sasikala                                                                 ... Petitioner

                                                                 Vs.

                    The State rep by the Inspector of Police,
                    Udumalaipettai Police Station,
                    Tiruppur District.                                                    ... Respondent

                    Prayer: Criminal Original Petition is filed under Section 482 of the Criminal
                    Procedure Code, directing the learned Judicial Magistrate No.1,
                    Udumalaipettai, Tiruppur District to run the sentences passed in C.C.No.326
                    of 2011, dated 11.09.2023 concurrently along with the sentence passed in
                    C.C.No.327 of 2011, dated 11.09.2023.

                                      For Petitioner            : Mr.C.C.Chellappan

                                      For Respondent           : Mr.Leonard Arul Joseph Selvam,
                                                           Government Advocate (Crl.Side)

                                                           ORDER

The Criminal Original Petition has been filed for directing the learned

Judicial Magistrate No.1, Udumalaipettai, Tiruppur District to run the

sentences passed in C.C.No.326 of 2011 dated 11.09.2023 concurrently

along with the sentence passed in C.C.No.327 of 2011 dated 11.09.2023.

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2. The petitioner herein is the wife of the convict Mariappan, who

was found guilty in C.C.No.326 of 2011 for offences punishable under

Section 379 of IPC by the Judicial Magistrate, Udumalaipet and sentenced to

undergo six months of simple imprisonment. On the same day, he was also

found guilty in yet another case in C.C.No.327 of 2011 for offences

punishable under Section 457 read with 511 of IPC, 380 read with 511 by

the same Court and sentenced to undergo six months of simple imprisonment

along with the fine of Rs.500/-, in default, to undergo one month of simple

imprisonment for each of the offences. The period of sentence that had

already undergone was set off in both the cases. The punishment imposed in

C.C.No.326 of 2011 and C.C.No.327 of 2011 supposed to run

consequetively.

3. The learned counsel appearing for the petitioner herein seeks

direction of this Court for an order to run the period of sentence cases in both

the cases to concurrently.

4. Taking note of the fact that the case was registered in the year

2011 and the trial has completed after 12 years and the petitioner being in

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prison after judgment of conviction, the sentence imposed in C.C.No.326 of

2011 and C.C.No.327 of 2011 is ordered to run concurrently.

5. Accordingly, this Criminal Original Petition stands allowed.

30.11.2023 Index : Yes / No Neutral Citation : Yes / No skr

To

1.The Inspector of Police, Udumalaipettai Police Station, Tiruppur District.

2.The Public Prosecutor, Madras High Court, Chennai.

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

Dr.G. JAYACHANDRAN, J.

skr

30.11.2023

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