Sundari v. State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Thursday, the Seventh day of October Two Thousand Twenty One PRESENT The Hon`ble Mr Justice P. VELMURUGAN CRIMINAL MISCELLANEOUS PETITION No.9650 & 9651 of 2021 IN CRL RC.582 of 2021 1 SUNDARI [ REVISION PETITIONER / APPELLANTS 2 KANNAN / ACCUSED IN BOTH PETITIONS]] 3 K.SENTHIL Vs STATE REP.BY [ RESPONDENT / COMPLAINANT SUB-INSPECTOR OF POLICE, IN BOTH PETITIONS ] CCB, EGMORE, CHENNAI.

Petitions praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to (i) Suspend the operation of the Judgment and grant bail in C.A.No.336 of 2019 by the XVII Additional Sessions Judge, Court, Chennai dated 27.02.2020 passed in the C.C.No.2590 of 2017 in old C.C.No.11045 of 2010 dated 12.09.2019 by the Metropolitan Magistrate of CCB and CBCID Cases Egmore, Chennai pending disposal of the above CRL.R.C.No.582 of 2021 (CRL.M.P.No.9650 of 2021) (ii) Grant exemption from surrendering the petitioners before the trial court in CRL.R.C.No.582 of 2021 (CRL.M.P.No.9651 of 2021) Order : These petitions coming on for orders upon perusing the petitions and the filed in support thereof and upon hearing the arguments of M/S. N.IYYAKANNU, Advocate for the petitioners and of MR.S.SUGENDRAN, Govt. Advocate (Crl. Side) on behalf of the Respondents the court made the following order:-

Crl.M.P.No.9650 of 2021 has been filed to suspend the operation of the judgment dated 27.2.2020 passed in C.A.No.336 of 2019 by the learned XVII Additional Sessions Judge, Chennai, in and by which, confirming the conviction and sentence passed in C.C.No.2590 of 2017 in Old C.C.No.11045 of 2010 dated 12.09.2019 by the learned Metropolitan Magistrate, CCB & CBCID Cases, Egmore, Chennai and also grant bail to the petitioners pending disposal of the above appeal. 2.Crl.M.P.No.9651 of 2021 has been filed to grant exemption from surrendering the petitioners before the trial Court. 3.Heard the learned counsel for the petitioners and the learned Government Advocate (Crl.Side) for the respondent and also perused the materials available on record.

4.It is seen from the records that the allegations levelled against the petitioners are grave in nature and the above Criminal Revision Case has been filed against the concurrent findings of both the Courts below. Therefore, this Court is not inclined to suspend the operation of the judgment and exempt the petitioners from their surrendering before the trial Court.

5. Accordingly, these miscellaneous petitions are dismissed. 6.The respondent police is directed to secure the revision petitioners.

List the Criminal Revision Case on 26.10.2021. -sd/- 07/10/2021 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 XVII ADDITIONAL SESSIONS JUDGE, CHENNAI.

2 THE METROPOLITAN MAGISTRATE, OF CCB & CBCID CASES EGMORE, CHENNAI.

3 THE CHIEF METROPOLITAN MAGISTRATE, EGMORE, CHENNAI [FOR INFORMATION].

4 THE SUB-INSPECTOR OF POLICE, CCB, EGMORE, CHENNAI.

5 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

C.C. to M/S. N.IYYAKANNU Advocate on payment of necessary charges Order in CRL MP.9650 & 9651/2021 in CRL RC.582/2021 Date :07/10/2021 From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format JPA 08/10/2021