Malliyakarai Ps Vs Saravanan — Madras HC (2025) — LawSathi Research

Malliyakarai Ps Vs Saravanan — Madras HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Accused/petitioner released on probation under the Probation of Offenders Act, 1958 without sentencing, on execution of a one-year good conduct bond before the learned Magistrate (failure to appear for sentence); finding of guilt not a disqualification under Section 12; C.C.No.301 of 2020 and the Suo Motu Transfer Case disposed of.

Issue for consideration

Whether the accused in C.C.No.301 of 2020 (offences under Sections 279 and 304(A) IPC, arising from a road accident) should be sentenced or released on probation under the Probation of Offenders Act, 1958, considering the non-aggravated nature of the accident, compensation received by the victim, the accused's clean antecedents, the probation officer's report, and the long pendency of the case.

Court's answer

Upon the plea of the accused, the accused is found guilty of the offences under Sections 279 and 304(A) of the Indian Penal Code, 1860.

Ratio / Principle

Without proceeding to sentence the accused, the Court releases the petitioner on probation under the Probation of Offenders Act, 1958, having found it a fit case in view of the non-aggravated accident, compensation to the victim, clean antecedents, probation officer's report and long pendency.

Key takeaways

Condition of release: the accused shall execute a bond before the learned Magistrate undertaking good conduct for one year, failing which he shall appear before this Court to receive sentence.ratio¶23
As per Section 12 of the Probation of Offenders Act, 1958, the finding of guilty will not be a disqualification for any purpose.ratio¶24

Detailed headnote1 paragraphs

Suo Motu Transfer — C.C.No.301 of 2020 (Judicial Magistrate II, Attur Taluk, Salem) — accident case under Sections 279 and 304(A) IPC — dealt with by the Dedicated Bench pursuant to Suo Motu W.P.(Crl.) No.618 of 2025 — Court noted the accident involved no aggravated or egregious conduct, the victim had received compensation, the accused had no previous or subsequent case with a favourable probation officer's report, and the accused had faced the case for years — accused found guilty on his plea but, without sentencing, released on probation under the Probation of Offenders Act, 1958 on execution of a bond for good conduct for one year before the learned Magistrate, failing which he is to appear before the High Court for sentence — per Section 12 of the Act, the finding of guilt is not a disqualification for any purpose — C.C. and Suo Motu Transfer Case disposed of.

Suo Motu TR.No.182 of 2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24.10.2025

CORAM:

THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY

Suo Motu TR.No.182 of 2025

(C.C.No.301 of 2020 of Judicial Magistrate II, Attur Taluk, Salem.)

For Petitioner : Mr.S.Sugendran, Additional Public Prosecutor

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.

This is an accident case, complaining of an offence under Sections 279, 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.

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.

D.BHARATHA CHAKRAVARTHY, J.

1/2

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

Suo Motu TR.No.182 of 2025

rna 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 petitioner 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.

(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.

Accordingly, the case in C.C.No.301 of 2020 on the file of the Judicial Magistrate II, Attur Taluk, Salem shall stands disposed of and consequently, this Suo Motu Transfer Case is disposed of.

24.10.2025

rna

NOTE: 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.

Suo Motu TR.No.182 of 2025

2/2

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