V.Mahesh Babu v. S.Ramachandran
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction ) Monday, the Sixth day of June Two Thousand Twenty Two PRESENT The Hon`ble Mr Justice D.BHARATHA CHAKRAVARTHY CRIMINAL MISCELLANEOUS PETITION No.6404 of 2022 IN CRL RC.610/2022 V.MAHESH BABU [ PETITIONER/APPELLANT ] Vs S.RAMACHANDRAN [ RESPONDENT ] Petition praying that in the circumstances stated therein the High Court will be pleased to grant the petitioner exemption to surrender in Crl.A.No.35/2020 dated 12.08.2021, passed by the Additional District and Sessions Judge, Hosur confirming the judgement in S.T.C.No.101/2017 dated 11.02.2020 by the Judicial Magistrate Fast Track, Hosur pending disposal of the above CRL.RC.No.610/2022.
Order : This petition coming on for orders upon perusing the petition and upon hearing the arguments of M/S.M.P.SARAVANAN, Advocate for the petitioner and of M/S B.RAMPRABU, Advocate on behalf of the Respondent the court made the following order:- This petition is filed to exempt the petitioner from surrender on the Judgment and sentence imposed by the learned Judicial Magistrate, Fast Track, Hosur, dated 11.02.2020 in S.T.C.No.101 of 2017 and confirmed by the learned Additional District and Sessions Judge, Hosur, dated 12.08.2021 in C.A.No.35 of 2020 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 14.06.2022.
-sd/- 06/06/2022 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, FAST TRACK, HOSUR 2 THE CHIEF JUDICIAL MAGISTRATE KRISHNAGIRI(FOR INFORMATION)
3 THE ADDITIONAL DISTRICT AND SESSIONS JUDGE, HOSUR C.C. to M/S.M.P.SARAVANAN Advocate on payment of necessary charges Order in CRL MP.6404/2022 in CRL RC.610/2022 Date :06/06/2022 From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format RVR 07/06/2022