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Madras High CourtCRL MP/10184/2026rejected

Sakthivel v. State Rep.By, The Inspector Of Police,

2026-06-22Honourable Mr.Justice Shamim Ahmed4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22-06-2026

CORAM

THE HON'BLE MR.JUSTICE SHAMIM AHMED IN CRL RC NO. 1253 OF 2026 Sakthivel S/o.Kaveri, D.No.4/47, Kottupotti Village, Dokkubothanahalli Post, Nallampalli Taluk, Dharmapuri District.

..Petitioner(s) Vs State Rep.by, The Inspector of Police, Thoppur Police Station, Dharmapuri District.

Cr.No.183 of 2024.

..Respondent(s) Prayer: This Criminal Miscellaneous Petition is filed under Section 528 of BNSS, 2023, praying to exempt the petitioner from surrendering in pursuance of the Judgment passed by the learned Additional District and Sessions Judge at Dharmapuri in Crl.A.No.39 of 2025 by Judgment dated 21.04.2026 by confirming the Judgment of the learned Judicial Magistrate, Additional Mahila Court at Dharmapuri in CC.No.27 of 2025 dated 03.09.2025 by allowing this Criminal Miscellaneous Petition, pending disposal of the Criminal Revision. For Petitioner(s):

Mr.Swamisubramanian For Respondent(s):

Mr.M.Dinesh, Government Advocate (Crl.Side)

ORDER

This petition is filed seeking exemption from surrender following the conviction and sentence imposed in C.C. No. 27 of 2025 by the learned Judicial Magistrate, Additional Mahila Court, Dharmapuri, which was subsequently confirmed by the learned Additional District and Sessions Judge, Dharmapuri, in Crl.A. No. 39 of 2025.

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.10183 of 2026 in Crl.R.C.No.1253 of 2026, the statutory mandate cannot be bypassed.

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

22-06-2026 SHA

To 1.The Inspector of Police, Thoppur Police Station, Dharmapuri District.

2.The Additional District and Sessions Judge, Dharmapuri.

3.The Judicial Magistrate, Additional Mahila Court, Dharmapuri.

4.The Public Prosecutor, Madras High Court.

SHAMIM AHMED, J.

SHA IN CRL RC NO. 1253 OF 2026 22-06-2026