A.Thilipkumar v. T.Madhavan
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction ) Thursday, the Sixteenth day of June Two Thousand Twenty Two PRESENT The Hon`ble Mr Justice D. BHARATHA CHAKRAVARTHY CRIMINAL MISCELLANEOUS PETITION No.7433 of 2022 IN CRL RC.723/2022 A.THILIPKUMAR [ PETITIONER ] Vs T.MADHAVAN [ RESPONDENT ] Petition praying that in the circumstances stated therein the High Court will be pleased to grant an order of exemption from surrendering before the court below in pursuance to the judgment dated 10/11/2021 made in C.A.NO.74 of 2020 on the file of the learned Third Additional District and Sessions Judge, Salem confirming the conviction imposed in the judgment dated 15/12/2020 made in STC No.53/2016 on the file of the learned Judicial Magistrate NO.2, Sankari pending the above Crl.RC.No.723/2022.
Order : This petition coming on for orders upon perusing the petition and upon hearing the arguments of M/S.K.THIRUNAVUKKARASU, Advocate for the petitioner the court made the following order:- This petition is filed to exempt the petitioner from surrender before the Court below in pursuance to the Judgment dated 10.11.2021 made in C.A.No.74 of 2020 on the file of the learned IIIAdditional District & Sessions Judge, Salem, by confirming the conviction imposed in the Judgment dated 15.12.2020 made in S.T.C.No.53 of 2016 on the file of the learned Judicial Magistrate No.II, Sankari, pending the 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., has held in paragraph No.25, which reads as follows:-
"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 Jharkhand, in paragraph No.3, has 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 is no special and acceptable reasons assigned in the application for grant for 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 05.07.2022.
-sd/- 16/06/2022 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.
TO 1 THE JUDICIAL MAGISTRATE, NO.II, SANKARI 2 THE CHIEF JUDICIAL MAGISTRATE SALEM(FOR INFORMATION)
3 III ADDITIONAL DISTRICT AND SESSIONS JUDGE, SALEM C.C. to M/S.A.SARAVANAN Advocate on payment of necessary charges Order in CRL MP.7433/2022 in CRL RC.723/2022 Date :16/06/2022 From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format RVR 20/06/2022