Madras High Court
The State Rep. By vs Karikalan on 8 September, 2025
Author: D.Bharatha Chakravarthy
Bench: D.Bharatha Chakravarthy
Suo Motu TR.No. 420 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08.09.2025
CORAM:
THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY
Suo Motu TR.No.420 of 2025
(CRLA.95/2025 of Additional District Court(Fast Track Court),
Mettur Taluk, Salem)
The State rep. by
The Inspector of Police,
Karumalaikoodal Police Station,
Mettur Taluk, Salem. ... Petitioner
Vs.
Karikalan ... Respondent
For Petitioner : Mr.S.Vinoth Kumar
Government Advocate (Crl.Side)
ORDER
This Suo Motu Case is dealt with in an extraordinary manner by the
Dedicated Bench, pursuant to Suo Motu.W.P.(Crl.) No.618 of 2025.
2. This Criminal Appeal arises out of the judgment of the Judicial
Magistrate No. II, Mettur in C.C.No.30/2018 dated 02.04.2025. By the said
judgment, the accused was convicted for the offences under Sections 279 and
304(A) of Indian Penal Code, 1860 and was sentenced to imprisonment and
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payment of fine.
3. This is an accident case, complaining of an offence under Section
304(A) of Indian Penal Code, 1860. Reference can be made to the detailed
order passed by this Court dated 01.09.2025 in Suo Motu Crl.No.618 of 2025.
4. In that view of the matter, the following was considered:
(i) The accident was not due to any aggravated or egregious conduct.
(ii) The victim has received compensation.
(iii) The accused has no previous or subsequent case and a due report
from the probationary officer regarding his conduct has already been received.
(iv) The accused has also been facing the case all these years.
5. While maintaining the conviction imposed by the trial Court, without
proceeding further to sentence the accused, the accused is released on
probation under Section 4 of the Probation of Offenders Act, 1958, on the
following conditions:-
(a) The accused shall execute a bond before the
learned Magistrate undertaking good conduct for a
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period of one year, failing which he shall appear before
this Court to receive sentence.
(b) It is made clear that, as per Section 12 of the
Probation of Offenders Act, 1958, the finding of guilty
will not be a disqualification for any purpose.
6. Accordingly, the case in Crl.A.No.95 of 2025 on the file of the
Additional District Court(Fast Track Court), Mettur Taluk, Salem shall stands
partly allowed and consequently, this Suo Motu Transfer Case is disposed of.
08.09.2025
shl/nsl
Note to the Trial Court: This order is digitally signed and communicated
electronically alone. The Trial Court shall take note of the order and
accordingly classify the case pending before them as allowed / dismissed /
disposed of, etc, and while doing so, consider any applications such as
disposal of properties, etc., and pass appropriate orders, as may be necessary.
Further, the Court below is directed to dispatch the copy of this order to all
concerned.
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D.BHARATHA CHAKRAVARTHY, J.
shl/nsl
08.09.2025
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