The Si of police Vs Saravan — Murder and Culpable Homicide | Madras HC (2025)

The Si of police Vs Saravan — Murder and Culpable Homicide | Madras HC (2025)

What the court decided

AI extract

Outcome

Accused found guilty under Sections 337 and 304(A) IPC but released on probation under the Probation of Offenders Act, 1958, on executing a one-year good-conduct bond before the learned Magistrate; guilty finding declared not a disqualification (S.12); CC.44/2022 and the Suo Motu Transfer Case stand disposed of, with the Trial Court directed to take note of the order, classify the case, consider applications such as disposal of properties, and dispatch copies.

Issue for consideration

Whether, in an accident case involving offences under Sections 337 and 304(A) IPC, this is a fit case to invoke the Probation of Offenders Act, 1958 and release the accused on probation instead of sentencing him.

Court's answer

Upon the plea of the accused, the accused is found guilty of the offences under Sections 337 and 304(A) of the Indian Penal Code, 1860.

Ratio / Principle

Without proceeding to sentence the accused, the Court releases the accused on probation under the Probation of Offenders Act, 1958.

Key takeaways

Condition of the probation 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¶¶21
As per Section 12 of the Probation of Offenders Act, 1958, the finding of guilty will not be a disqualification for any purpose.ratio¶¶22

Detailed headnote1 paragraphs

High Court of Judicature at Madras (D. Bharatha Chakravarthy, J.), order dated 24.10.2025 in Suo Motu TR.No.18953 of 2025, transferring and disposing of CC.44/2022 (Judicial Magistrate No.II, Hosur Taluk, Krishnagiri) — an accident case under Sections 337 and 304(A) IPC — dealt with by the Dedicated Bench pursuant to Suo Motu.W.P.(Crl.) No.618 of 2025 (detailed order dated 01.09.2025). Considering that the accident involved no aggravated or egregious conduct, the victim had received compensation, the accused had no previous or subsequent case with a probation officer's report on his conduct already received, and the accused had faced the case for years, the Court held it a fit case for the Probation of Offenders Act, 1958: upon his plea the accused was found guilty under Sections 337 and 304(A) IPC, but without being sentenced he was released on probation, conditioned on executing a bond before the learned Magistrate for good conduct for one year, failure of which requires appearance before the Court to receive sentence; per Section 12 of the Act, the finding of guilt is not a disqualification for any purpose. The Trial Court is directed to take note of the electronically communicated order, classify the case appropriately, consider applications such as disposal of properties, and dispatch copies to all concerned.

Suo Motu TR.No. 18953 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.18953 of 2025

(CC.44/2022 of JUDICIAL MAGISTRATE NO.II, Hosur Taluk, Krishnagiri)

For Petitioner : Mr.S.Sugendran Additional Public Prosecutor

O RDER

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 Section 337 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 W.P.(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.

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Suo Motu TR.No. 18953 of 2025

D.BHARATHA CHAKRAVARTHY, J.

shl

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 337 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.

(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 CC.44/2022 on the file of the JUDICIAL MAGISTRATE NO.II, Hosur Taluk, Krishnagiri shall stands disposed of and consequently, this Suo Motu Transfer Case is disposed of.

24.10.2025

shl

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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