Vellamalayan v. The State Rep By Its, Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10-06-2025

CORAM

THE HONOURABLE MR JUSTICE G.K. ILANTHIRAIYAN IN CRL RC NO. 697 OF 2025 1.Vellamalayan S/o. Kuppan, Keel Puliyur, Yercaud Taluk, Salem District.

2. Tamilselvi D/o. Palanisamy, Keel Puliyur, Yercaud Taluk, Salem District.

Petitioner(s) Vs The State Rep by its, Inspector of Police Yercaud Police Station, Salem District.

Respondent(s) For Appellant(s):

Mr.B.Gopalakrishnan For Respondent(s):

Mr.A.Gopinath Government Advocate

ORDER

This petition has been filed to exempt these petitioners from surrendering in C.C.No.17/2022 before the learned District Munsif cum Judicial Magistrate, Yercaud.

2. Heard the learned counsel for the petitioners and perused the materials available on record.

3. The petitioners are the accused in the complaint lodged by the respondent for the offence punishable under Section 294(b), 324 and 506(ii) IPC in C.C.No.17 of 2022, on the file of the District Munsif - cum - Judicial Magistrate, Yercaud. After full-fledged trial, the Trial Court convicted the first petitioner for the offence punishable under Section 294(b) IPC and sentenced him to undergo six months simple imprisonment and to undergo 2 years simple imprisonment for the offence punishable under Section 324 IPC. The second petitioner was convicted for the offence punishable under Section 323 IPC and sentenced him to undergo one year Simple Imprisonment. Aggrieved by same, the petitioners preferred an appeal in C.A.No.79 of 2022 on the file of the III Additional District Judge, Salem and the same was dismissed, confirming the

sentence imposed by the Trial Court. Aggrieved by the same, the petitioners preferred a revision before this Court along with this application to exempt them from surrendering before the Trial Court.

4. Both the Trial Court as well as Appellate Court convicted the petitioners for the offence under Section 294(b), 324 and 323 IPC respectively. Without surrendering before the Trial Court, the petitioners filed this petition seeking exemption from surrender. The petitioners have failed to make out a prima facie case for granting exemption and this Court is not inclined to entertain this petition seeking exemption from surrendering before the lower court.

5. Accordingly, this Criminal Miscellaneous Petition is dismissed. 10-06-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes bkn

To 1.The Inspector of Police Yercaud Police Station, Salem District.

G.K.ILANTHIRAIYAN J.

bkn CRL MP No. 10496 of IN CRL RC NO. 697 OF 10-06-2025