Madras High Court
CRL MP/19293/2019 of M/S.MIRA ORGANICS AND CHEMICALS PRIVATE LIMITED, Vs M/S.JAYAPRAKASH AGENCIES on 30 December 2019
COURT OF JUDICATURE AT MADRAS ( Criminal Jurisdiction ) Monday, the
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction )Monday, the Thirtieth day of December Two Thousand Nineteen PRESENT
The Hon`ble Mr Justice G.R.SWAMINATHANCRIMINAL MISCELLANEOUS PETITION No.19293 of 2019in CRL.RC.NO.1526 OF 2019
1 M/S.MIRA ORGANICS AND CHEMIC [ PETITIONER ]ALS PRIVATE LIMITED,, REP BY ITS DIRECTOR P.VENKATESAN, 2 P.VENKATESAN DIRECTOR M/S.MIRA ORGANICS AND CHEMICAL PRIVATE LIMITED,
Vs
1 M/S.JAYAPRAKASH AGENCIES [ RESPONDENT ]REP BY ITS PROPRIETOR D.JAYAPRAKASH, Petition praying that in the circumstances stated therein theHigh Court will be pleased to exempt the petitioners fromsurrendering before the lower court in pursuant to the judgmentpassed by the I Additional District and Sessions Judge, Tiruvallur,by its judgment in C.A.No.16/2018, dated 16.10.2019 and as confirmingthe conviction and modified the sentenced imposed by the learned Fasttrack Magistrate, Tiruvallur by his judgment dated 27.12.2017 made inS.T.C.NO.52 OF 2016
Order : This petition coming on for orders upon perusing thepetition and upon hearing the arguments of M/S.S.PANNEER SELVAN,Advocate for the petitioner , the court made the following order:- Petitioners, who stand convicted for an offence under Section138 of the Negotiable Instruments Act, seek exemption fromsurrendering to custody as a pre condition for consideration of theirbail application moved in the revision case preferred by them beforethis Court.
2. Considering the facts and circumstances of the case and theearlier decision of this Court in the case of Easwaramurthy Vs.N.Krishnaswamy (2006) CRI.L.J.4105 which in turn relied on thedecision of the Apex Court in Bihari Prasad Singh Vs. State of Bihar(2000) SCC (Cri) 1380, this Court considers it appropriate to allowthis petition as prayed for. Accordingly, the second petitioner shallhttps://hcservices.ecourts.gov.in/hcservices/not be required to surrender before the learned Judicial Magistrate, Fast Track Court, Tiruvallur, as per judgment dated 16.10.2019 inC.A.No.16 of 2018, pending disposal of the main revision.
-sd/-
30/12/2019
This order, on being produced, be punctually observed and carriedinto execution by all concerned TRUE COPY
Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.
TO
1 THE JUDICIAL MAGISTRATE,FAST TRACK COURT, TIRUVALLUR.
2 THE CHIEF JUDICIAL MAGISTRATETIRUVALLUR. [FOR INFORMATION]
3 THE I ADDITIONAL DISTRICT AND SESSIONS JUDGE,THIRUVALLUR.
+1 C.C. to M/S.S.PANNEER SELVAN Advocate on payment ofnecessary charges SR.NO. 26722 Order in CRL MP.19293/2019
in CRL.RC.NO.1526 OF 2019
Date :30/12/2019
From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this formatRD 10/01/2020