MURUGAN Vs. STATE

JUDGEMENT

(1.) The criminal original petition has been filed to direct the learned Judicial Magistrate, Bodinayakanur, Theni District to run the sentences passed in C.C.No.477 of 2018 concurrently along with the sentence passed in C.C.No.02 of 2019, dtd. 21/1/2019.

(2.) The petitioner was involved in two different cases on two different occasions. One case was registered on the file of the first respondent for the offences under Ss. 457 and 380 of IPC and after completion of investigation, charge sheet had been filed and the same taken cognizance in C.C.No.477 of 2018, on file of the learned Judicial Magistrate, Bodinayakanur. Then, he was also involved in another case, for which, FIR had been registered for the offences under Sec. 454 and 380 of IPC on the file of the second respondent and culminated into C.C.No.2 of 2019. In both the cases, the petitioner was convicted and sentenced by the judgment, dtd. 21/1/2019 in C.C.No.2 of 2019, in which, he was sentenced to undergo three years imprisonment. Subsequently, the petitioner was also convicted inC.C.No.477 of 2018, dtd. 25/1/2019 on the file of the very same learned Judicial Magistrate and sentenced to undergo three years imprisonment. The petitioner had already undergone a period of ten days of remand and he has been in prison from 27/9/2018 till today. However, the learned Judicial Magistrate, Bodinayakanur, while sentencing him for three years imprisonment.

(3.) In this regard it is relevant to rely upon the judgment of the Division Bench of this Court reported in 208-2-LW (Crl)773 in the case of Selvakumar Vs. The Inspector of Police, Seidhunganallur Police Station and ors. held as follows:-