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Madras High CourtCRL MP/4396/2018allowed

Mr.S.Baskaran@Baskar, M/50 v. M/S.Mata Steels

2018-03-20Honourable Mr Justice M.V. Muralidaran2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Tuesday, the Twentieth day of March Two Thousand Eighteen PRESENT The Hon`ble Mr Justice M.V. MURALIDARAN CRIMINAL MISCELLANEOUS PETITION No.4396 of 2018 IN CRL RC.357/2018 S.BASKARAN @ BASKAR, [ PETITIONER/APPELLANT/ACCUSED] Vs M/S.MATA STEELS [ RESPONDENT ] PROP:MRS.PUSHPA AGARWAL, REP.BY ITS POWER OF ATTORNEY, MR.NIKIL AGARWAL, Petition praying that in the circumstances stated therein the High Court will be pleased to exemption to surrender of the petitioner and accept his surety before the learned Fast Track Judicial Magistrate, Ambattur, in S.T.C.No.462 of 2014 and the sentence confirmed by the learned Principal District Sessions Judge, Fast Track Court, Tiruvallur in C.A.No.20 of 2017 and the judgment dated 30.08.2017.

Order : This petition coming on for orders upon perusing the petition and upon hearing the arguments of M/S.S.JANARTHANAN, Advocate for the petitioner the court made the following order:- Petitioner, who stands convicted for offences under Section 138 of Negotiable Instruments Act, seeks exemption from surrendering to custody as a pre-condition for consideration of his bail application moved in the revision case preferred by him before this Court.

2. Considering the facts and circumstances of the case and the earlier decision of this Court in the case of Easwaramurthy Vs. N.Krishnaswamy (2006) CRI.L.J.4105 which in turn relied on the decision of the Apex Court in Bihari Prasad Singh Vs. State of Bihar (2000) SCC (Cri) 1380, this Court considers it appropriate to allow this petition as prayed for. Accordingly, the petitioner shall not be required to surrender before trial Court, as per order dated

30.08.2017 in C.A.No.20 of 2017 of 2015, pending disposal of the main revision.

-sd/- 20/03/2018 This order, on being produced, be punctually observed and carried into execution by all concerned TRUE COPY Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.

TO 1 THE FAST TRACK JUDICIAL MAGISTRATE, AMBATTUR.

2 THE PRINCIPAL DISTRICT SESSIONS JUDGE, FAST TRACK COURT, TIRUVALLUR. +1 C.C. to M/S.S.JANARTHANAN Advocate on payment of necessary charges-Sr.5453 Order in CRL MP.4396/2018 in CRL RC.357/2018 Date :20/03/2018 From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format ths : 20.03.2018