This Criminal Original Petition has been filed seeking a direction to the Trial Court to direct the sentences of one year simple imprisonment imposed on the petitioner in C.C.No.1 of 2016, C.C.No.2 of 2016, C.C.No.3 of 2016 and C.C.No.4 of 2016 by separate orders dated 15.02.2016, to run concurrently.
2. The learned counsel for the petitioner submits that while convicting the accused, the Judicial Magistrate has not ordered for the sentences to run concurrently and the petitioner has already undergone one year period and the sentence period has been completed. He relied on a decision of this Court dated 03.09.2010 in Crl.O.P.(MD)No.9870 of 2010, in support of his contention.
3. Heard the learned Additional Public Prosecutor on the submissions made by the learned counsel for the petitioner.
4. It is seen that the petitioner has already completed the sentence of 1 year simple imprisonment. Since the learned Judicial Magistrate, while convicting the petitioner, has not ordered to undergo the sentences in all cases either to run concurrently or to run consecutively, the petitioner is in prison, on this anomaly. In the order passed by this Court in Crl.O.P.(MD)No.9870 of 2010 dated 03.09.2010, which has been relied by the learned counsel for the petitioner, this Court has referred to the judgment of the Hon'ble Supreme Court in 2009 CDJ SC 462 (State of Punjab v. Madan Lal) and granted the relief to the petitioner therein, to have the sentences run concurrently, which squarely is applicable to the present case.
5. Following the same, the Criminal Original Petition is allowed and the sentences passed in C.C.Nos.1, 2, 3 and 4 by the Judicial Magistrate No.II, Salem, by orders dated 15.02.2016, are ordered to run concurrently. The Superintendent of Central Prison, Coimbatore, is directed to act in accordance with law.
Index : Yes/No 08.06.2017 Internet : Yes/No KM Note to the Registry: Issue order copy on 12.06.2017. To
1. The Inspector of Police, Pallapatti Police Station, Salem.
2. The Superintendent, Central Prison, Coimbatore.
3. The Judicial Magistrate No.II, Salem.
4. The Public Prosecutor, Madras High Court, Chennai-600 104.
R.MAHADEVAN, J.
KM Crl.O.P.No.26849 of 2016 08.06.2017 http://www.judis.nic.in