Kalidass @ Kaleeshwaran v. State Represented By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.05.2024

CORAM

THE HON'BLE MR. JUSTICE R.SAKTHIVEL in Crl.R.C.No.910 of 2024 Kalidass @ Kaleeshwaran S/o.Nagudevar

...Petitioner

Vs.

State represented by The Inspector of Police, Kumarapalayam Police Station, Namakkal District.

Crime No.184 of 2016

...Respondent

Criminal Miscellaneous Petition filed under Section 482 of the Code of Criminal Procedure, 1973, praying for exemption from surrender of the petitioner before the trial Court in pursuant to the judgment in C.A.No.32 of 2022, dated 28.03.2024 on the file of II Additional Sessions Judge, Tiruchengode, whereby confirming the judgment passed by the learned Assistant Sessions Judge, Tiruchengode, in S.C.No.16 of 2018, dated 11.03.2022.

Prayer in CRL RC.No.910 of 2024 :

To call for the entire records in so far relates to judgment passed in 1/4

C.A.No.32 of 2022 dated 28.03.2024 on the file of II Additional Sessions Judge, Tiruchengode, confirming the conviction and sentence dated 11.03.2022 made in S.C.No.16 of 2018 on the file of the Assistant Sessions Judge, Tiruchengode and set aside the same. For Petitioner : Ms.R.Hemalatha For Respondent : Ms.S.Udayakumar Government Advocate [Crl.side] *****

ORDER

The petitioner herein filed the main Revision Case in Crl.R.C.No.910 of 2024 along with this petition praying to exempt from surrendering before the learned Assistant Sessions Judge, Tiruchengode, in S.C.No.16 of 2018, dated 11.03.2022 in pursuant to the judgment passed by II Additional Sessions Judge, Tiruchengode, in Crl.A.No.32 of 2022, dated 28.03.2024. The petitioner filed an affidavit in support of the petition.

2. This Court has perused the affidavit. The reason stated in the affidavit is satisfied. Accordingly, this Criminal Miscellaneous Petition is allowed.

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The petitioner is exempted from surrendering before the trial Court pursuant to the judgment of conviction and sentence passed by the learned II Additional Sessions Judge, Tiruchengode, in Crl.A.No.32 of 2022, dated 28.03.2024, confirming the conviction recorded and sentence imposed by the learned Assistant Sessions Judge, Tiruchengode, in S.C.No.16 of 2018, dated 11.03.2022 and the surety of the petitioner may be accepted by the learned Assistant Sessions Judge, Tiruchengode. 16.05.2024 (2/3) gm/gpa Note:

1.Registry is directed to forthwith upload this order in the official website of this Court.

2.All concerned to act on this order being uploaded in official website of this Court without insisting on certified hard copies. To be noted, this order when uploaded in official website of this Court will be watermarked and will also have a QR code.

To 1.The Assistant Sessions Judge, Tiruchengode. 2.The II Additional Sessions Judge, Tiruchengode. 3.The Public Prosecutor, High Court of Madras.

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R.SAKTHIVEL, J.

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