V.Maa.Ramesh v. K.Nagalakshmi

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Monday, the Thirtieth day of December Two Thousand Nineteen PRESENT The Hon`ble Mr Justice G.R.SWAMINATHAN CRIMINAL MISCELLANEOUS PETITION No.19192 of 2019 IN CRL.RC.NO.1523 OF 2019 V.MAA.RAMESH [ PETITIONER / APPELLANT / ACCUSED ] Vs K.NAGALAKSHMI [ RESPONDENT ] Petition praying that in the circumstances stated therein and in the Memorandum of Grounds in CRL.RC.NO.1523 OF 2019 on the file of the High Court, the High Court will be pleased to exempt the petitioner to surrender before the appellate court on the judgment dated 23.10.2019 made in C.A.No.389/2018 (On the file of the Ist Additional District & Sessions Judge, Erode) confirming the judgment dated 22.11.2018 made in S.T.C.No.114/2017 on the file Judicial Magistrate Fast Track No.I, Erode in CRL.RC.NO.1523 OF 2019 [IN CRL.MP.NO.

19192 OF 2019] Order : This petition coming on for orders upon perusing the petition and the Memorandum of Grounds in CRL.RC.NO.1523 OF 2019 on the file of the High Court and upon hearing the arguments of M/S.C.S.SARAVANAN, Advocate for the petitioner, the court made the following order:- Petitioner, who stands convicted for an offence under Section 138 of the Negotiable Instruments Act, seeks exemption from surrendering to custody as a pre condition for consideration of his bail application moved in the revision case preferred by him before this Court.

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2. Considering the facts and circumstances of the case and the earlier decision of this Court in the case of Easwaramurthy Vs. N.Krishnaswamy (2006) CRI.L.J.4105 which in turn relied on the decision of the Apex Court in Bihari Prasad Singh Vs. State of Bihar (2000) SCC (Cri) 1380, this Court considers it appropriate to allow this petition as prayed for. Accordingly, the petitioner shall not be required to surrender before the learned Judicial Magistrate, Fast Track Court I, Erode, as per order dated 23.10.2019 in C.A.No.389 of 2018, pending disposal of the main revision.

-sd/- 30/12/2019 This order, on being produced, be punctually observed and carried into execution by all concerned TRUE COPY Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.

TO 1 THE I ADDITIONAL DISTRICT AND SESSIONS JUDGE, ERODE.

2 THE JUDICIAL MAGISTRATE, FAST TRACK COURT NO.I, ERODE.

3 THE CHIEF JUDICIAL MAGISTRATE ERODE [FOR INFORMATION] C.C. to M/S.C.S.SARAVANAN Advocate on payment of necessary charges Order in CRL.MP.NO.19192/2019 in CRL.RC.NO.1523/2019 Date :30/12/2019 From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format MK:03/01/2020 https://hcservices.ecourts.gov.in/hcservices/