R.Murugan v. N.Vasantha

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Thursday, the Ninth day of May Two Thousand Nineteen PRESENT The Hon`ble Mr Justice N. ANAND VENKATESH CRIMINAL MISCELLANEOUS PETITION No.6484 of 2019 IN CRL.R.C.NO.420 of 2019 R.MURUGAN [ PETITIONER ] Vs N.VASANTHA [ RESPONDENT ] Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to (i) Exemption from surrendering the petitioner before the Trial Court in view of the Judgment dated 28.02.2019 made in C.A No.129 of 2018 on the file of the Learned III Additional Sessions Judge, Salem reversing judgment dated 06.08.2018 made in S.T.C.No.247 of 2016 on the file of the Judicial Magistrate No.II, Salem pending disposal of the above Crl.R.C.No.420 of 2019.

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.B.KUMARASAMY, Advocate for the petitioner, the court made the following order:- This Criminal Miscellaneous petition has been filed to exempt the petitioner from surrendering in pursuant to the judgement passed by the learned III Additional Sessions Judge, Salem in CA No.129 of 2018 dated 28.02.2019 reversing the judgement made in S.T.C.No.247 of 2016 dated 06.08.2018 on the file of learned Judicial Magistrate No.II, Salem.

This petition is closed, since suspension of sentence can be granted even if the accused has not surrendered and is not undergoing confinement as per the Judgement of this Court reported in 2008 1 MLJ Crl 1001 [R.Ramamoorthy Vs. The Inspector of Police, Crime Branch, https://hcservices.ecourts.gov.in/hcservices/

Erode].

-sd/- 09/05/2019 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 III ADDITIIONAL SESSIONS JUDGE, SALEM.

2 THE JUDICIAL MAGISTRATE, NO.II, SALEM.

3 THE CHIEF JUDICIAL MAGISTRATE SALEM. [FOR INFORMATION] C.C. to M/S.B.KUMARASAMY Advocate on payment of necessary charges Order in CRL MP.6484/2019 in CRL.R.C.NO.420/2019 Date :09/05/2019 From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format TA-14/05/2019 https://hcservices.ecourts.gov.in/hcservices/