State Government Vs kannan — Murder and Culpable Homicide | Madras HC (2025)

State Government Vs kannan — 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 sentencing) on execution of a one-year good-conduct bond before the learned Magistrate; the guilty finding carries no disqualification per Section 12; C.C.No.2000060 of 2016 and the Suo Motu Transfer Case disposed of.

Issue for consideration

Whether the accused in the pending accident case (offences under Sections 279 and 304(A) IPC) is a fit case for release on probation under the Probation of Offenders Act, 1958 in lieu of sentence.

Court's answer

The Court's grounds for invoking probation were: the accident was not due to aggravated or egregious conduct; the victim had received compensation; the accused had no previous or subsequent case and a probationary officer's report on his conduct had been received; and the accused had been facing the case all these years.

Ratio / Principle

Upon the plea of the accused, the accused was found guilty of the offences under Sections 279 and 304(A) IPC, but without proceeding to sentence, was released on probation under the Probation of Offenders Act, 1958.

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 the Court to receive sentence.ratio¶22
As per Section 12 of the Probation of Offenders Act, 1958, the finding of guilty will not be a disqualification for any purpose.ratio¶26

Detailed headnote1 paragraphs

Madras High Court, via the Dedicated Bench constituted under Suo Motu.W.P.(Crl.) No.618 of 2025 (detailed order dated 01.09.2025 referenced), dealt with Suo Motu TR.No.642 of 2025 arising out of C.C.No.2000060 of 2016 pending before Judicial Magistrate V, Salem Taluk, Salem - an accident case involving offences under Sections 279 and 304(A) IPC. Weighing that the accident involved no aggravated or egregious conduct, that the victim had received compensation, that the accused had no previous or subsequent case with a probationary officer's report received, and that he had faced the case for years, the Court pronounced the accused guilty upon his plea but, without sentencing him, released him on probation under the Probation of Offenders Act, 1958 on execution before the learned Magistrate of a bond undertaking good conduct for one year, failing which he must appear before the Court for sentence. Per Section 12 of that Act, the guilty finding will not be a disqualification for any purpose. Both the C.C. and the Transfer Case were disposed of.

Suo Motu TR.No. 642 of 2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.09.2025

CORAM:

THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY

Suo Motu TR.No.642 of 2025

(CC.2000060/2016 of Judicial Magistrate V, Salem Taluk, Salem)

The State rep. by The Inspector of Police, TIW Police Station, Salem. ... Petitioner Vs. Kannan ... Respondent For Petitioner : Mrs.G.V.Kasthuri 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 W.P.(Crl.) No.618 of 2025.

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Suo Motu TR.No. 642 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 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.

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Suo Motu TR.No. 642 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.2000060 of 2016 on the file of Judicial Magistrate V, Salem Taluk, Salem shall stand disposed of and this Suo Motu Transfer Case stand disposed of.

18.09.2025

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. 642 of 2025

D.BHARATHA CHAKRAVARTHY, J.

nsl

Suo Motu TR.No.642 of 2025

18.09.2025

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