R.Esakkimuthu v. F.Micheal George

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Eleventh day of June Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice K.K. RAMAKRISHNAN in CRL RC(MD) No.518 of 2024 R.ESAKKIMUTHU ... PETITIONER/PETITIONER Vs F.MICHEAL GEORGE ... RESPONDENT/RESPONDENT 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 surrender in pursuant to the order of conviction in CC No.163/2015 dated 9/8/2021 on the file of the Judicial Magistrate, Valliyoor as confirmed in Crl.A.No.53/2021 dated 20/2/2023 on the file of 4th Additional Sessions Court, Tirunelveli pending disposal of this Criminal Revision Petition. Prayer in CRL RC(MD). 518/ 2024 :

To Call for the records and to set aside the order in Crl.A.No.53/2021 dt 20.02.2023 on the files of 4th Additional Sessions Court Tirunelveli Confirming the order passed in CC.No.163/2016 dt 09.08.2021 on the files of Judicial Magistrate Valliyoor.

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 1/3

Mr.SC.HEROLD SINGH, Advocate for the petitioner and of Mr.C.SUSIKUMAR, Advocate on behalf of the Respondent, While admitting the Criminal Revision Case, the court made the following order:- This Criminal Miscellaneous Petition has been filed to exempt the surrender of the petitioner, pursuant to the sentence imposed by the IV Additional Sessions Court, Tirunelveli, in Crl.A.No.53 of 2021, dated 20.02.2023, whereby confirming the conviction and sentence imposed by the learned Judicial Magistrate, Valliyoor in C.C.No.163 of 2016, dated 09.08.2021 pending disposal of the main 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/- 11/06/2024 / TRUE COPY / /06/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

JBR TO 1 THE JUDICIAL MAGISTRATE, VALLIYOOR.

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2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT.

3 THE 4th ADDITIONAL SESSIONS JUDGE, TIRUNELVELI.

ORDER

IN Date :11/06/2024 SA/VR/SAR. /25.06.2024/3P/4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 3/3