Vazhmuni v. The State Rep By Its,

Crl.M.P.No.10500 of 2022 in Crl.A.No.743 of 2022 D.BHARATHA CHAKRAVARTHY, J.

This petition is filed to exempt the petitioner from surrender on the Judgment and sentence imposed by the Sessions Judge, Special Court for Exclusive Trial of Cases under POCSO Act, Cuddalore, dated 24.05.2022, in S.C.No.51 of 2021, pending disposal of the present Criminal Appeal. 2.I have perused the petition filed for exemption and I am not satisfied with the reasons mentioned in the application. 3.The Judgment of the Hon'ble Supreme Court of India in Surya Baksh Singh Vs. State of U.P.1, has held in paragraph No.25, which reads as follows:- "The routine is to file an appeal, apply and get enlarged on bail or get exempted from surrender, and thereafter wilfully to become untraceable or unresponsive. It is the bounden duty cast upon the Judge not merely to ensure that an innocent person is not punished but equally not to become a mute spectator to the spectacle of the convict circumventing his conviction."

Similarly, in the Judgment of the Hon'ble Supreme Court of India, in

1. (2014) 14 SCC 222 : (2015) 1 SCC (Cri) 313 : 2013 SCC OnLine SC 919 25. 1/3

Vivek Rai v. High Court of Jharkhand2, in paragraph No.3, has held as hereunder:- "We do not find any merit in the challenge to the validity of the Rule. It is well-known practice that generally a revision against conviction and sentence is filed after an appeal is dismissed and the convicted person is taken into custody in the Court itself. The object of the Rule is to ensure that a person who has been convicted by two courts obeys the law and does not abscond. The provision cannot thus be held to be arbitrary in any manner. The provision is to regulate the procedure of the Court and does not, in any manner, conflict with the substantive provisions of CrPC relied upon by the petitioners."

Therefore, this Court is of the opinion that in a routine manner, exemption from surrender cannot be granted.

4.In this case, there is no special and acceptable reasons assigned in the application for grant for exemption from surrender. Therefore, the Criminal Miscellaneous Petition for exemption shall stand dismissed. However, one more opportunity is granted to the petitioner to surrender before 05.08.2022.

25.07.2022 (1/2) sli

2. (2015) 12 SCC 86 : (2016) 1 SCC (Cri) 56 : 2015 SCC OnLine SC 95 at page 88 2/3

D.BHARATHA CHAKRAVARTHY, J., sli Crl.M.P.No.10500 of 2022 in Crl.A.No.743 of 2022 25.07.2022 (1/2) 3/3