J.Kamalakannan v. Sree Gokulam Chit And Finance Company Private Ltd.

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Thursday, the Twenty Third day of June Two Thousand Twenty Two PRESENT The Hon`ble Mr Justice D. BHARATHA CHAKRAVARTHY CRIMINAL MISCELLANEOUS PETITION No.7899 of 2022 IN CRL.R.C.NO.773 of 2022 J.KAMALAKANNAN [ PETITIONER/APPELLANT/ACCUSED ] Vs SREE GOKULAM CHIT AND FINANCE [ RESPONDENT/COMPLAINANT ] COMPANY PRIVATE LTD., REP BY ITS AUTHORISED PERSON, R.HARIKRISHNAN, Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to (i) To exempt the petitioner from surrendering before the trial Court in C.C.No.5 of 2016 on the file of Judicial Magistrate Fast Track Court No.1, (Magisterial Level) Coimbatore, pending disposal of this Crl.R.C.No.773 of 2022.

Order : This petition coming on for orders upon perusing the petition and the filed in support thereof and upon hearing the arguments of M/S.K.SHANMUGANANDHAN, Advocate for the petitioner, the court made the following order:- This petition is filed to exempt the petitioner from surrendering before the Trial Court in C.C. No. 05 of 2016 on the file of Judicial Magistrate Fast Track Court No.1 (at Magisterial level) Coimbatore pending disposal of the present Criminal Revision Case. 2.I have perused the petition filed for exemption and I am not satisfied with the reasons mentioned in the application. 3.The judgment of the Hon'ble Supreme Court of India in Surya Baksh Singh Vs. State of U.P.1, has held in paragraph No.25, which reads as follows:-

1. (2014) 14 SCC 222 : (2015) 1 SCC (Cri) 313 : 2013 SCC OnLine SC 919 25.

"The routine is to file an appeal, apply and get enlarged on bail or get exempted from surrender, and thereafter wilfully to become untraceable or unresponsive. It is the bounden duty cast upon the Judge not merely to ensure that an innocent person is not punished but equally not to become a mute spectator to the spectacle of the convict circumventing his conviction."

Similarly, in the judgment of the Hon'ble Supreme Court of India, in Vivek Rai v. High Court of Jharkhand2, in paragraph No.3, it was held as hereunder:- "We do not find any merit in the challenge to the validity of the Rule. It is well-known practice that generally a revision against conviction and sentence is filed after an appeal is dismissed and the convicted person is taken into custody in the Court itself. The object of the Rule is to ensure that a person who has been convicted by two courts obeys the law and does not abscond. The provision cannot thus be held to be arbitrary in any manner. The provision is to regulate the procedure of the Court and does not, in any manner, conflict with the substantive provisions of CrPC relied upon by the petitioners."

Therefore, this Court is of the opinion that in a routine manner, exemption from surrender cannot be granted.

4.

In this case, there are no special and acceptable reasons assigned in the application to grant exemption from surrender. Therefore, the Criminal Miscellaneous Petition for exemption shall stand dismissed. However, one more opportunity is granted to the petitioner to surrender before 01.07.2022.

-sd/- 23/06/2022 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.

2. (2015) 12 SCC 86 : (2016) 1 SCC (Cri) 56 : 2015 SCC OnLine SC 95 at page 88

TO 1 THE JUDICIAL MAGISTRATE, FAST TRACK COURT NO.1, (MAGISTERIAL LEVEL) COIMBATORE.

2 THE CHIEF JUDICIAL MAGISTRATE COIMBATORE. [FOR INFORMATION] C.C. to M/S.K.SHANMUGANANDHAN Advocate on payment of necessary charges Order in CRL MP.7899/2022 in CRL RC.773/2022 Date :23/06/2022 From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format TA-30/06/2022