Madras High CourtCRL MP/11026/2023withdrawn dismissed

M. Balamurugan v. State Rep By

2023-07-28Honourable Mrs Justice R. Hemalatha4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.07.2023

CORAM

THE HONOURABLE MRS. JUSTICE R.HEMALATHA Crl.M.P. Nos.11026 & 11027 of 2023 in Crl.R.C.No.1335 of 2023

1. M. Balamurugan

2. Ashokkumar

...Petitioners in both Crl.M.Ps

Vs.

The State rep by its The Inspector of Police Erode North Police Station Crime No.79 of 2008 ... Respondent in both Crl.M.Ps Prayer in Crl.M.P. No.11026 of 2023 : Criminal Miscellaneous Petition filed under Sections 397(1) & 439 Cr.P.C. praying to suspend the sentence dated 27.01.2020 in Crl.A. No.222 of 2018 passed against the petitioners by the 1st Additional District and Sessions Judge, Erode, confirming the judgment and sentence in S.C. No.69 of 2008 dated 29.06.2008 on the file of the Principal Assistant Sessions Judge, Erode, and enlarge the petitioners on bail.

Prayer in Crl.M.P. No.11027 of 2023: Criminal Miscellaneous Petition filed under Section 482 Cr.P.C. praying to exempt the petitioners from surrender with regard to sentence dated 27.01.2020 in Crl.A. No.222 of 2018 passed against the petitioners by the 1st Additional District and Sessions Judge, Erode, confirming the judgment and sentence in S.C. No.69 of 2008 dated 29.06.2008 on the file of the Principal Assistant Sessions Judge, Erode.

For Petitioner (in both Crl M.P.s) : Mr.S. Chendur Eashwaran . COMMON ORDER When the above Criminal Miscellaneous Petitions are taken up for hearing today, learned counsel appearing for the petitioner seeks permission of this Court to withdraw the same. He also made an endorsement to that effect.

2. In view of the same, the Criminal Miscellaneous Petitions are dismissed as withdrawn. The petitioners are directed to surrender before the Principal Assistant Sessions Judge, Erode, within 15 days from the date of receipt of a copy of this order, failing which, the concerned jurisdictional Judge, shall take necessary steps to secure the presence of the accused and send them to jail to serve the sentence. 28.07.2023 Index: Yes/No Internet: Yes/No Speaking/Non-Speaking order bga To

1. The Inspector of Police Erode North Police Station Crime No.79 of 2008

2. The Principal Assistant Sessions Judge, Erode R. HEMALATHA, J.

bga Crl.M.P. Nos.11026 & 11027 of 2023 in Crl.R.C.No.1335 of 2023 28.07.2023 (2/2)