Madras High CourtCRL MP(MD)/5113/2024allowed

G.Robert Sam v. M.Kingston Jeyasingh

2024-04-30Honourable Mr Justice K.K. Ramakrishnan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Thirtieth day of April Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice K.K. RAMAKRISHNAN in CRL RC(MD) No.468 of 2024 G.ROBERT SAM ... PETITIONER/PETITIONER Vs 1 M.KINGSTON JEYASINGH 2 THE STATE OF TAMIL NADU, REP. BY PUBLIC PROSECUTOR NAGERCOIL.

... RESPONDENTS/RESPONDENTS Criminal Miscellaneous Petition filed praying that in the circumstances stated therein and in the petition filed therewith the High Court may be pleased to Exempt the petitioner from surreder in Pursuant to the order of conviction in STC No.159/2018 dated 29.05.2018 on the files of the Fast Track Court (Magisterial Level ( Nagercoil) Confirmed in Crl.A.No.73/2018 dated 05.04.2024 on the file Additional District and Sessions Judge (FTC), Nagercoil pending disposal of Criminal Revision Case.

Prayer in CRL RC(MD). 468/ 2024 :

To call for the records and set aside the order in Crl.A.No.73/2018 dated 05.04.2024 on the file of Additional District and Sessions Court (FTC) Kanyakumari District at Nagercoil confirming the order passed in STC No.159/2018 dated 29.05.2018 on the files of Fast Track Court (Magisterial Level) Nagercoil. Order : This Criminal Miscellaneous Petition coming up for orders on this day, upon perusing the petition filed in support thereof and upon hearing the arguments of MR.S.C.HEROLD SINGH, Advocate for the petitioner and of MR.M.MUTHUMANIKKAM, Government Advocate (Crl.Side) on behalf of the 2nd Respondent, while admitting the Criminal Revision Case, the court made the following order:- 1/3

This Criminal Miscellaneous Petition has been filed to exempt the surrender of the petitioner, pursuant to the judgment of conviction rendered by the learned Additional District Judge and Sessions Judge, (FTC), Nagercoil, in C.A.No.73 of 2018 dated 05.04.2024, by confirming the judgment passed by the learned Judicial Magistrate, Fast Track Court(Magisterial Level), Nagercoil, in S.T.C.No.159 of 2018, dated 29.05.2018, pending disposal of the above Criminal Revision Case.

2. Being satisfied with the reasons stated in the affidavit filed in support of this petition as well as in the memorandum of grounds raised in this petition, this petition is allowed.

sd/- 30/04/2024 / TRUE COPY / /05/2024 Sub-Assistant Registrar (C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

sbn TO 1 THE PRINCIPAL DISTRICT AND SESSIONS JUDGE (FTC), KANYAKUMARI DISTRICT, NAGERCOIL.

2 THE JUDICIAL MAGISTRATE, FAST TRACK COURT @ MAGISTERIAL LEVEL, NAGERCOIL.

3 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, 2/3

KANYAKUMARI DISTRICT AT NAGERCOIL.

4 THE PUBLIC PROSECUTOR, NAGERCOIL.

5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER IN in CRL RC(MD) No.468 of 2024 Date :30/04/2024 RS/VR/SAR-(31.05.2024) 3P 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3