BAIL SLIP

The Petitioners/Accused viz A1 Karthick @ Karthikeyan, M/29

years, S/O. Narayanasamy, A2 Raja @ Anthoni raja, M/28 years,

S.O. Madhavan were releasd on bail as per order of this court

dated 04/11/2016 in CRL MP NO.10882 of 2016 in CRL RC NO.1209

of 2016 on the file of this court.

IN THE HIGH COURT OF JUDICATURE AT MADRAS

RESERVED ON : 28.04.2022

PRONOUNCED ON : 27.05.2022

CORAM

THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR

CRL.R.C.NO.1209 OF 2016

1.Karthick @ Karthikeyan

2.Raja @ Anthoni Raja

... Petitioners

Vs.

State rep by,

The Inspector of Police,

B6, Peelamedu Police Station,

Coimbatore,

Crime No.669/2008.

... Respondent

PRAYER:

Criminal Revision is filed under Section 397 r/w 401 of the

Code of Criminal Procedure, to allow the above Crl.R.C. by

setting aside the judgment dated 26.07.2016 passed in

C.A.No.45/2014 on the file of the I Additional District and

Sessions Court, Coimbatore, confirming judgment dated

05.03.2014 passed in S.C.No.214/2010 on the file of the II

Additional Assistant Sessions Court, Coimbatore.

For Petitioners

:

Mr.S.Sriram for

Mr.K.Govi Ganesan

For Respondent :

Mr.A.Damodaran,

Additional Public Prosecutor

ORDER

The conviction and sentence passed against the petitioners

in S.C.No.214 of 2010, dated 05.03.2014 by the learned II

Additional Assistant Sessions Judge, Coimbatore/trial Court are

as follows:-

●

For offence under Section 451 of IPC, the 1^st petitioner to

undergo three months Imprisonment and to pay a fine of

Rs.500/-, in default, to undergo one week Simple

Imprisonment.

●

For offence under Section 392 of IPC, the 1^st petitioner to

undergo three years Rigorous Imprisonment and to pay a

fine of Rs.500/-, in default, to undergo one week Simple

Imprisonment.

●

For offence under Section 392 r/w 34 of IPC, the 2^nd

petitioner to undergo three years Rigorous Imprisonment

and to pay a fine of Rs.500/-, in default, to undergo one

week Simple Imprisonment.

2.As against the judgment of trial Court, dated 05.03.2014,

the petitioner preferred an appeal before the learned I

Additional District and Sessions Judge, Coimbatore/lower

appellate Court in C.A.No.45 of 2014. The lower appellate

Court, by judgment, dated 26.07.2016 confirmed the judgment of

the trial Court and dismissed the appeal, against which, the

present Criminal Revision case.

3.The gist of the case is that on 30.06.2008, at about

12.30 p.m., when the defacto complainant/PW1 in her house, the

petitioners went to her house, asked for water to drink. PW1

went inside the house for fetching water, at that time, the 1^st

petitioner followed her, when she questioned the same, the 1^st

petitioner poured chilly powder on her face, but she evaded the

same, thereafter, by showing blade, the 1^st petitioner attempted

to inflict injury, which was also evaded by her. Thereafter,

the 1^st petitioner snatched her Thali/MO4 and ran out, where the

2^nd petitioner was ready with the bike, keeping watch over the

area and facilitating escape of 1^st petitioner. PW1 raised

alarm, on hearing the same, PW2 and one Krishna chased the

petitioners. When the petitioners attempted to flee away from

the scene, they skidded and fell down from the bike.

Thereafter, they were caught hold and handed over to the

respondent Police along with the snatched Thali/MO4, chilly

powder and motor bike. PW5, the Sub Inspector of Police

received the complaint/Ex.P1, registered FIR/Ex.P4 and handed

over the same to PW6. PW6, the Inspector of Police visited the

scene of occurrence, drawn Observation Mahazar/Ex.P3, Rough

Sketch/Ex.P5, recorded the statement of the witnesses present

in the scene of occurrence, seized the material objects through

Form-95 and arrested the petitioners and produced them before

the concerned Magistrate for remand, on conclusion of

investigati