Mrs.Jayanthi Lakshmi Narayanan v. P.Lakshmana Perumal,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction ) Wednesday, the Thirty First day of January Two Thousand Eighteen PRESENT The Hon`ble Mr Justice M.V. MURALIDARAN CRIMINAL MISCELLANEOUS PETITION No.1051 of 2018 IN CRL RC.143/2018 JAYANTHI LAKSHMI NARAYANAN [ PETITIONER ] Vs P.LAKSHMANA PERUMAL, [ RESPONDENT ] Petition praying that in the circumstances stated therein and in the Memorandum of Grounds in Criminal Revision Case No.143/2018 on the file of the High Court, the High Court will be pleased to exempt the petitioner from surrendering before the authorities concerned in C.C.No.16607 of 2005 on the file of the learned Chief Metropolitan Magistrate, Egmore, Chennai for the suspension of sentence in this regard pending disposal of the criminal revision and pass such further or other order or orders.[CRL.MP.NO.
1051/2018] Order : This petition coming on for orders upon perusing the petition and the Memorandum of Grounds in Crl.Revision Case No.143/2018 on the file of the High Court and upon hearing the arguments of M/S.C.S.DHANASEKARAN Advocate for the petitioner , the court made the following order:- Petitioner, who stands convicted for offences under Section 138 of 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. Accordingly, the petitioner shall not be
required to surrender before trial Court, as per order dated 21.12.2017 in C.A.No.12 of 2011, pending disposal of the main revision.
-sd/- 31/01/2018 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 CHIEF METROPOLITAN MAGISTRATE,EGMORE,CHENNAI 2 THE IV ADDITIONAL SESSIONS JUDGE,CHENNAI +1 C.C. to M/S.C.S.DHANASEKARAN Advocate on payment of necessary charges SR.NO. 2210 Order in CRL MP.1051/2018 in CRL RC.143/2018 Date :31/01/2018 From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format RD 01/02/2018