Judgment · High Court
Case at a glance
Provisions considered
- Indian Penal Code, 1860 ss. 279, 304(A)
- Probation of Offenders Act, 1958 s. 12
Judgment
Suo Motu TR.No. 12284 of 2025IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 07.10.2025CORAM:THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHYSuo Motu TR.No.12284 of 2025(C.C.No.57 of 2023 of District Munsif cum Judicial Magistrate, Annur, Annur Taluk, Coimbatore)The State rep. by The Inspector of Police, Kovilpalayam Police Station, Coimbatore.... PetitionerVs.U.Vasanthakumar ... Respondent For Petitioner : Mr.S.Vinoth Kumar Government Advocate (Crl. Side) ORDERThis 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 is an accident case, complaining of an offence under Sections 279 and 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.Page No.1 of 4 https://www.mhc.tn.gov.in/judis Suo Motu TR.No. 12284 of 20253. 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.4. In view thereof, I find that this is a fit case where the provisions of the Probation of Offenders Act, 1958, can be invoked. Accordingly, upon the plea of the accused, the accused is found guilty of the offence under Sections 279 and 304(A) of Indian Penal Code, 1860. However, without proceeding to sentence the accused, this Court releases the accused on probation under 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 period of one year, failing which he shall appear before this Court to receive sentence. Page No.2 of 4 https://www.mhc.tn.gov.in/judis Suo Motu TR.No.
12284 of 2025(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. 5. Accordingly, the case in C.C.No.57 of 2023 of District Munsif cum Judicial Magistrate, Annur, Annur Taluk, Coimbatore, shall stands disposed of and consequently, this Suo Motu Transfer Case is disposed of.07.10.2025smvNote 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. Page No.3 of 4 https://www.mhc.tn.gov.in/judis Suo Motu TR.No. 12284 of 2025D.BHARATHA CHAKRAVARTHY, J.smvSuo Motu TR.No.12284 of 202507.10.2025Page No.4 of 4
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