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Madras High CourtCRL MP/8779/2026rejected

Durairaj v. A.P.Karuppasamy

2026-06-30Honourable Mr.Justice Shamim Ahmed4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30-06-2026

CORAM

THE HON'BLE MR.JUSTICE SHAMIM AHMED IN CRL RC NO. 1108 OF 2026 Durairaj S/o S.N.Senniappan, Proprietor, M/s Sri Lakshmi Electricals and Hardware, 3/369, Trichy Road, K.S.N.Puram, Lakshmi Mills, Coimbatore.

..Petitioner(s) Vs A.P.Karuppasamy S/o Ponnappagounder, D.No.2/66, K.Ayyampalayam Post K.S.N.Puram Via, Palladam Taluk, Tiruppur.

..Respondent(s) Prayer: To Exempt the petitioner from surrrendering pursuant to the order of conviction passed in STC.No.466 of 2019 on the file of the Judicial Magistrate Court at Palladam, Tiruppur dated 06.05.2024 confirmed in Crl.A.No.184 of 2024 dated 05.05.2026 by Sessions Judge, Special Court for Trial of cases under SC/ST (PoA) act, Tiruppur pending disposal of the present Criminal Revision Petition.

For Petitioner(s):

Ms.Shri Varshini.V For Respondent(s):

Mr.S.Sriram

ORDER

This petition is filed seeking exemption from surrender following the conviction and sentence imposed in S.T.C. No. 466 of 2019 by the Learned Judicial Magistrate Court, Palladam, Tiruppur, which was subsequently confirmed by the Sessions Judge, Special Court for Trial of Cases under SC/ST (PoA) Act, Tiruppur, in Crl.A. No. 184 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.8777 of 2026 in Crl.R.C.No.1108 of 2026, the statutory mandate cannot be bypassed.

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

30-06-2026 Index: Yes/No Speaking/Non-speaking order SHA

To

1. The Judicial Magistrate Court at Palladam, Tiruppur. 2.The Sessions Judge, Special Court for Trial of cases under SC/ST (PoA) Act, Tiruppur.

3. The Public Prosecutor, Madras High Court.

SHAMIM AHMED, J.

SHA IN CRL RC NO. 1108 OF 2026 30-06-2026