Gopalraj v. Suresh

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Twelfth day of April Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice K.K. RAMAKRISHNAN in CRL RC(MD) No.379 of 2024 GOPALRAJ ... PETITIONER/PETITIONER Vs SURESH ... 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 before the Court to take the Judgment of the Appellate Court in Criminal Appeal No.44/2022 on the file of the Learned III Additional District and Sessions Court, Trichirappalli dated 08/06/2023 confirming the Judgment in S.T.C.No.454 of 2019 before the Learned Judicial Magistrate, Manapparai dated 30.04.2022.

Prayer in CRL RC(MD). 379/ 2024 :

To call for the records from the lower courts and set aside the Judgment of the Appellate Court passed in Criminal Appeal No.44/2022 on the file of the Learned III Additional District and Sessions Court, Trichirappalli dated 08/06/2023 confirming the Judgment in S.T.C.No.454 of 2019 on the file of the Learned Judicial Magistrate, Manapparai dated 30.04.2022, by allowing this Revision. 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.G.KANDHAVADIVELAN, Advocate for the petitioner and of 1/3

MR.R.ILAYARAJA, 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 judgment of the III Additional District and Sessions Court, trichirappalli, in C.A.No.44 of 2022, dated 08.06.2023, in confirming the conviction and sentence imposed by the learned Judicial Magistrate, Manapparai, in S.T.C.No.454 of 2019, dated 30.04.2022 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/- 12/04/2024 / TRUE COPY / /04/2024 Sub-Assistant Registrar (C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

vsg TO 1 THE III ADDITIONAL DISTRICT AND SESSIONS JUDGE, TRICHY.

2 THE JUDICIAL MAGISTRATE, MANAPPARAI.

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3 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TRICHY DISTRICT.

ORDER IN in CRL RC(MD) No.379 of 2024 Date :12/04/2024 RS/JGB/SAR-(18.04.2024) 3P 4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3