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2025 Supreme(Online)(Mad) 64979

IN THE HIGH COURT OF JUDICATURE AT MADRAS
K.K.RAMAKRISHNAN, J
The Sub Inspector of Police, Thillai Nagar Police Station, Trichy City. – Appellant
Versus
Sathik Ali – Respondent
Suo Motu TR.(MD).No.7943, 10363, 10651, 11193 of 2025



Advocates:
For the Appellants/Petitioners: Mr.S.Ravi

The court addressed rehabilitation over punishment for reformed offenders, applying Section 427 of Cr.P.C. for concurrent sentencing.

Headnote:This judgment addresses the applicability of Section 427 of the Criminal Procedure Code, emphasizing the importance of rehabilitation vs. punishment for offenders with a history of thefts. The court noted the individual's reformation and remorse, thus granting the benefit of concurrent sentences. The court's power under Article 226 of the Constitution was invoked to quash cases pending for over five years. The final judgment includes the accused's conviction and a directive for fines and probation.

Result: 'The Suo Motu Special Tr.(MD). Cases stand closed on the following terms.'

Table of Content
1. rehabilitation over punishment for reformed offenders. (Para 3)
2. ruling on concurrent sentences and fines. (Para 4)

“This dedicated bench is for implementing the pilot project to identify and dispose of criminal cases involving offences punishable with imprisonment up to 3 years pending at trial, appeal or revision stage for more than 3 years and also offences like Section 506(ii) of IPC and others , which may carry a punishment of more than 3 years in the State of Tamil Nadu with reference to the 14 Districts coming under the Madurai Bench of Madras High Court”.

2.This Dedicated Bench has taken the C.C.Nos.159 of 2016, 177 of

2015, 903 & 292 of 2020 on the file of the Judicial Magistrate No.IV, Trichy as Suo motu Special Tr.Case.(MD).No. 7943, 10363, 10651, 11193 of 2025 in Suo Motu W.P.(Crl.).(MD).No.1014 of 2025, upon proper scrutinity and considering the suitablity that these are all fit cases warranting exercise of power under Article 226 of Constitution of India to quash the said CCs., which are pending for more than 5 years without any progress.

3. Discussion on the Applicability of Section 427 of Cr.P.C.

The accused had committed in multiple thefts of vehicle, ½ Soverign Jewels and cash of Rs.35,000/- during the period of 2016-2020 and undergone various period of imprisonment during the pendency of trial.

After that period, he has not involved in any other offence and he has reformed and turned over a new leaf. He is also married and has children. In view of the above reformation, this Court is inclined to give benefit of Section 427 of Cr.P.C., by exercising power under Section 482 of Cr.P.C., in this Special drive. The Hon'ble Supreme Court in the case of State of Punjab vs. Madan Lal reported in 2009(5) SCC 238 Hon'ble Division Bench of this Court in the case of Selvakumar vs. The Inspector of Police , Seidhunganallure Police Station and others reported in 2008 2 LW (Crl.) 733 Hon'ble Judge of this Court in Crl.O.P.(MD).No.8479 of 2022, Crl.O.P.(MD).No.4142 of 2022 and Crl.O.P.(MD).No.12 of 2025 have held that benefit of all sentences of imprisonment to run concurrently can be considered. The above ratio of this Court is applicable to the present case also.

3.1. Now the accused shows some remorse. Rehabilitation sometimes is an alterative to incarceration.

The Irish writer Oscar Wilde said “Every saint has a past and every sinner has a future”, which means that no one is defined solely by their past actions and every one has the potential for redemption.

The famous saying goes “Let us hate the sin, not the sinners”

3.2. In the above circumstances this court invokes power under section 427 of Cr.P.C. and inclines to direct the sentences of imprisonment in all the cases to run concurrently.

4.Accordingly, this Suo Motu Special Tr.(MD). Cases stand closed on the following terms:

4.1. The accused is convicted under Section C.C.Nos.159 of 2016, 177 of 2015, 903 & 292 of 2020 on the file of the Judicial Magistrate No.IV, Trichy and sentenced to the imprisonment which he had already undergone.

4.2. The sentence of imprisonment imposed in C.C.No.159 of 2016 dated will run concurrently along with the sentence imposed against the accused in C.C.No.177 of 2015, C.C.No.903 of 2020, C.C.No.292 of 2018.

4.2. The accused is directed to pay a fine of Rs.10,000/- in each cases, and in default of payment of fine amount to undergo further period of six months simple imprisonment.

4.3. The accused is directed to execute the bond as to the satisfaction of the learned Judicial Magistrate under the Probation of Offenders Act.

16.10.2025 sbn 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

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