Sunil Kumar.C (48 Years) v. Abdul Khader.M.A (63 Years)

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Tuesday, the Thirty First day of October Two Thousand Seventeen PRESENT The Hon`ble Dr. Justice S. VIMALA CRIMINAL MISCELLANEOUS PETITION No.10346 of 2017 IN CRL RC.1099/2017 SUNIL KUMAR.C [ PETITIONER ] Vs 1 ABDUL KHADER.M.A [ RESPONDENT ] 2 THE STATE REPRESENTED THROUGH THE PUBLIC PROSECUTOR, PUDUCHEERY.

Petition praying that in the circumstances stated therein and in the Memorandum of Grounds in CRL RC.1099/2017 on the file of the High Court, the High Court will be pleased to exempt the petitioner from surrendering before the court of II Addl.Sessions Judge, Puducherry dated 02.03.2017 in C.A.No.39 of 2014 confirming the conviction and sentence passed by the Learned Judicial Magistrate at Mahe, in S.T.R.No.2019/2013 dated 17.10.2014 pending disposal of the above CRL RC.1099/2017 [IN CRL.MP.NO.10346 OF 2017] Order : This petition coming on for orders upon perusing the petition and the Memorandum of Grounds in CRL RC.1099/2017 on the file of the High Court and upon hearing the arguments of M/S.C.V.

KUMAR, Advocate for the petitioner and of NO APPEARANCE [FOR R-1] PUBLIC PROSECUTOR [FOR R-2] on behalf of the Respondent the court made the following order:- The petitioner, who stands convicted for 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.

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.

3. Accordingly, the petitioner shall not be required to surrender before the trial Court, as per the judgment of the appellate Court dated 02.03.2017, pending disposal of the main revision.

-sd/- 31/10/2017 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 II ADDITIONAL SESSION JUDGE, PUDUCHERRY.

2 THE JUDICIAL MAGISTRATE, MAHE.

3 THE CHIEF JUDICIAL MAGISTRATE PONDICHERRY [FOR INFORMATION] 4 THE PUBLIC PROSECUTOR, PUDUCHEERY.

5 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

C.C. to M/S.C.V.KUMAR Advocate on payment of necessary charges Order in CRL MP.10346/2017 in CRL RC.1099/2017 Date :31/10/2017 From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format MK:06/11/2017