CRL.R.C.(MD).No.201 of 2017

Bail Slip

The Revision Petitioners viz., 1.R.Marimuthu @ Samikannu,

2.R.Radha @ Murugesan, were released on bail as per the order of

this Court dated 16/03/2017 made in Crl.MP(MD)No.1776/2017 in

CRL.R.C.(MD).No.201 of 2017

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

Reserved on : 07.01.2021

Pronounced on : 23.02.2021

CORAM

THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR

CRL.R.C.(MD).No.201 of 2017

1.R.Marimuthu @ Samikannu

2.R.Radha @ Murugesan

: Petitioners

Vs.

State represented by

The Inspector of Police,

Velliyani Police Station,

Karur District.

Crime No. 43 of 2009.

: Respondent

PRAYER: Criminal Revision Case has been filed under Section 397

and 401 of Cr.P.C, to set aside the judgment passed in C.A.No.3 of

2017, dated 31.01.2017 on the file of the learned Additional

District Judge (Fast Track Mahalir Court), Karur in C.C.No.179 of

2010 on the file of the learned Judicial Magistrate No.II, Karur,

dated 02.01.2017 and allow this criminal revision petition.

For Petitioner

: Mr.N.Shankar Ganesh

For Respondent

: Mr.V.Neelakandan,

Additional Public Prosecutor.

ORDER

The Criminal Revision Case is filed against the judgment

passed in C.A.No.3 of 2017, dated 31.01.2017 on the file of the

learned Additional District Judge (Fast Track Mahalir Court),

Karur in C.C.No.179 of 2010 on the file of the learned Judicial

Magistrate No.II, Karur, dated 02.01.2017

2.The revisions petitioners are the accused. The criminal

revision is directed against the concurrent finding of the

judgments of the trial Court and the Appellate Court, convicting

the petitioners/accused for the offence under Section 379 IPC and

sentencing them to undergo Simple Imprisonment for one year.

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CRL.R.C.(MD).No.201 of 2017

3.The case of the prosecution is that on 04.03.2009, at about

09.15. am, the defacto complainant, Thilagavathy, who was then

working as a teacher in a School, situated at Manjanayakkanpatti,

as usual after getting down from the Bus, was proceeding towards

her School, the petitioners came in a Bajaj two wheeler bearing

registration No.TN 45 F 4442 and snatched away her gold thali

chain weighing about 5 ½ sovereigns and that thereby, the

petitioners had committed the offence punishable under Section 379

IPC.

4.P.W.1/complainant visited Velliyanai Police Station and gave

a complaint under Ex.P.1. P.W.7 / Sub Inspector of Police,

received the complaint from P.W.1 and registered a case in Crime

No.43 of 2009, for the offence punishable under Section 379 of IPC

and prepared the First Investigation Report under Ex.P.6. P.W.7

visited the occurrence place at about 03.00.pm on that date itself

and prepared the observation mahazar under Ex.P.7 and rough sketch

under Ex.P.8 in the presence of P.W.6 / Ramasamy and one

Arunachalasundaram and thereafter, in the presence of the said

witnesses at about 04.00.pm, she recovered gold beads, coin and

amulet (thayathu) along with yellow coloured thali thread from the

occurrence place through seizure mahazar under Ex.P.4.

5.On 27.04.2009 at about 08.30.am, when P.W.5, who was working

as Sub Inspector of Police in Pasupathipalayam Police Station, was

on patrol duty, they have intercepted a two wheeler bearing

Registration No. TN 45 F 4442 on suspicion and enquired the

petitioners/accused and at that time, the first petitioner has

given a voluntary confession statement and the same was recorded

by P.W.5 under Ex.P.2 in the presence of the witnesses Balamurugan

and Muniraj. As per the confession statement given by the first

petitioner, when he was taken to the Kumaran Jewellery, he

identified P.W.4/owner of the jewellery and P.W.4 had handed over

a gold thali chain alleged to have been sold by the petitioners

and the same was recovered by P.W.5 through seizure mahazar under

Ex