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Madras High CourtCRL MP/7755/2026rejected

Siva v. The State Of Rep. By, Sub-Inspector Of Police,

2026-06-12Honourable Mr.Justice Shamim Ahmed4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12-06-2026

CORAM

THE HON'BLE MR.JUSTICE SHAMIM AHMED IN CRL RC NO. 972 OF 2026 Siva Son of Ramachadran, Throwpathi Amman Kovil Street, Chinna Elandthampattu, Panruti Taluk, Cuddalore District.

..Petitioner(s) Vs The State of Rep. by, Sub-Inspector of Police, Kadampuliyur Police Station, Cuddalore District.

Crime No.494 of 2017 ..Respondent(s) Prayer: This Criminal Miscellaneous Petition is filed under Section 528 of BNSS, 2023, praying to grant an order of exemption from surrendering before the trial court in pursuance to the order dated 11.01.2024 made in C.C.NO.89 of 2019 on the file of the Judicial Magistrate No.II, Panruti and which was confirmed in the judgment dated 27.03.2026 made in Crl.A.No.10 of 2024 on the file of the Principal Sessions Court, Cuddalore pending disposal of the above Revision Petition before this Honble Court and thus render justice. For Petitioner(s):

Mr.D.Lakshmipathy For Respondent(s):

Mr. M. Dinesh, Govt. Advocate (Crl. Side)

ORDER

This petition is filed seeking exemption from surrender following the conviction and sentence imposed in C.C. No. 89 of 2019 by the Judicial Magistrate No.II, Panruti, which was subsequently confirmed by the Principal Sessions Court, Cuddalore, in Crl.A.No.10 of 2024.

2.Heard the learned counsel for the petitioner and the learned Government Advocate (Crl. Side) for the respondent. 3.Upon hearing both sides and perusing the case materials, this Court finds no compelling or extraordinary grounds to waive the mandatory requirement of surrender prior to the consideration of the Criminal Revision Petition. In the light of the settled legal position and the order passed by this Court in Crl.M.P.No.7754 of 2026 in Crl.R.C.No.972 of 2026, the statutory mandate cannot be bypassed.

4.Accordingly, this petition seeking exemption from surrender is dismissed.

12-06-2026 Index: Yes/No Speaking/Non-speaking order SHA

To

1. Sub-Inspector of Police, Kadampuliyur Police Station, Cuddalore District.

2.The Judicial Magistrate No.II, Panruti.

3. The Principal Sessions Court, Cuddalore.

4. The Public Prosecutor,Madras High Court.

SHAMIM AHMED, J.

SHA IN CRL RC NO. 972 OF 2026 12-06-2026