S.I of Police, Konganapuram Ps Vs Ramasamy — Murder and Culpable Homicide | Madras HC (2025)

S.I of Police, Konganapuram Ps Vs Ramasamy — Murder and Culpable Homicide | Madras HC (2025)

What the court decided

AI extract

Outcome

Accused released on probation under the Probation of Offenders Act, 1958 without sentence, subject to executing a bond before the learned Magistrate for good conduct for one year (failing which to appear before this Court to receive sentence); per S.12, the guilty finding is not a disqualification for any purpose; C.C.No.82 of 2020 directed to stand disposed of and the Suo Motu Transfer Case disposed of; Trial Court directed to take note of the order, classify the case appropriately, consider applications such as disposal of properties, and dispatch copies of the order to all concerned.

Issue for consideration

Whether the accused in the accident case (C.C.No.82 of 2020), having been found guilty of offences under Sections 279, 304(A) & 338 IPC, should be sentenced or instead released on probation under the Probation of Offenders Act, 1958. +1 more

Court's answer

Upon the plea of the accused, the Court found the accused guilty of the offences under Sections 279, 304(A) & 338 IPC but, without proceeding to sentence, released the accused on probation under the Probation of Offenders Act, 1958 — considering that the accident was not due to aggravated or egregious conduct, the victim had received compensation, the accused had no previous or subsequent case with a probationary officer's report on conduct already received, and the accused had been facing the case all these years.

Ratio / Principle

As per Section 12 of the Probation of Offenders Act, 1958, the finding of guilty will not be a disqualification for any purpose.

Key takeaways

Release on probation was made conditional on the accused executing 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.ratio¶¶28

Detailed headnote1 paragraphs

Madras High Court (D. Bharatha Chakravarthy, J.), disposing of Suo Motu TR.No.44 of 2025 arising from C.C.No.82 of 2020 on the file of the District Munsif cum Judicial Magistrate, Edappadi Taluk, Salem — an accident case complaining of an offence under Section 304(A) IPC, dealt with by the Dedicated Bench pursuant to Suo Motu.WP.(Crl.) No.618 of 2025. Considering that (i) the accident was not due to aggravated or egregious conduct, (ii) the victim has received compensation, (iii) the accused has no previous or subsequent case with a probationary officer's report on his conduct already received, and (iv) the accused has been facing the case all these years, the Court held it a fit case to invoke the Probation of Offenders Act, 1958. Upon the accused's plea, the accused was found guilty under Sections 279, 304(A) & 338 IPC but, without proceeding to sentence, released on probation under the said Act on condition of executing a bond before the learned Magistrate for good conduct for one year, failing which he is to appear before the Court to receive sentence. It was clarified that, per Section 12 of the Act, the finding of guilty will not be a disqualification for any purpose. C.C.No.82 of 2020 ordered to stand disposed of; Trial Court directed to take note, classify the case, consider ancillary applications (including disposal of properties) and dispatch copies.

Suo Motu TR.No. 44 of 2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04.09.2025

CORAM:

THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY

Suo Motu TR.No.44 of 2025

(CC.82/2020 of District Munsif cum Judicial Magistrate, Edappadi Taluk, Salem)

The State rep. by The Sub Inspector of Police, Konganapuram Police Station,

Salem. ... Petitioner

Vs.

Ramasamy .... Respondent

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

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.

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Suo Motu TR.No. 44 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.

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, 304(A) & 338 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.

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Suo Motu TR.No. 44 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.

Accordingly, the case in C.C.No.82 of 2020 on the file of the

District Munsif cum Judicial Magistrate, Edappadi Taluk, Salem shall stands disposed of and consequently, this Suo Motu Transfer Case is disposed of.

04.09.2025

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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Suo Motu TR.No. 44 of 2025

D.BHARATHA CHAKRAVARTHY, J.

nsl

Suo Motu TR.No.44 of 2025

04.09.2025

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