Annamalai v. State Rep By Its, Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 05-06-2026
CORAM
THE HON'BLE MR.JUSTICE SHAMIM AHMED IN CRL RC NO. 1152 OF 2026 Annamalai S/o.Rathinavelu, No.71/1, Vallaiyan Kohn Veedhi, Kalanivasal Kaaraikudi, Thirupattur, Sivagangai District.
..Petitioner(s) Vs State Rep by its, Inspector of Police, Kangeyam Police Station, Kangeyam, Thiruppur.
Crime No.102/2021 ..Respondent(s) Prayer: This Criminal Miscellaneous Petition is filed under Section 528 of BNSS, 2023, praying to exempt the Petitioner to surrender on the conviction and sentence passed by the III Additional District and Sessions Judge, Dharapuram in C.A.No.117 of 2025 judgement dated 10.04.2026 by confirming the sentence and imprisonment passed in C.C.No.43 of 2022 dated 26.06.2025 by the Judicial Magistrate, Kangeyam pending disposal of the Criminal Revision and thus render justice.
For Petitioner(s):
MR.M.Jayavaradhan For Respondent(s):
Mr. M.M.M. Khaleel, Govt. Advocate (Crl. Side)
ORDER
This petition is filed seeking exemption from surrender following the conviction and sentence imposed in C.C. No. 43 of 2022 by the Learned JJudicial Magistrate, Kangeyam, which was subsequently confirmed by the III Additional District and Sessions Judge, Dharapuram, in C.A. No. 117 of 2025. 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.9131 of 2026 in Crl.R.C.No.1152 of 2026, the statutory mandate cannot be bypassed.
4.Accordingly, this petition seeking exemption from surrender is dismissed.
05-06-2026 Index: Yes/No Speaking/Non-speaking order SHA
To 1.The Inspector of Police, Kangeyam Police Station, Kangeyam, Thiruppur.
2.The Public Prosecutor, Madras High Court.
SHAMIM AHMED, J.
SHA IN CRL RC NO. 1152 OF 2026 05-06-2026