Madras High Court
CRL MP/19265/2019 of KUPPUSAMY Vs STATE REP. BY 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 NineteenPRESENT
The Hon`ble Mr Justice G.R.SWAMINATHAN
CRIMINAL MISCELLANEOUS PETITION No.19265 of 2019IN CRL.RC.NO.1525 OF 2019
KUPPUSAMY [ PETITIONER / PETITIONER /
APPELLANT / ACCUSED ]
Vs
STATE REP. BY [ RESPONDENT / RESPONDENT /INSPECTOR OF POLICE, RESPONDENT / COMPLAINANT ]TRAFFIC INVESTIGATION, POONAMALLEE, CHENNAI.(CRIME NO.303/2007KORATTUR POLICE STATION)
RESPONDENT / COMPLAINANT ]
Petition praying that in the circumstances stated therein and inthe Memorandum of Grounds in Crl.RC.No.1525/2019 on the file of theHigh Court, the High Court will be pleased to exempt the petitionerfrom surrendering before the Learned 1st Additional District andSessions Judge, Thiruvallur District in C.A.No.84/2017 by order dated15.10.2019 confirming the conviction and sentence passed by thelearned Judicial Magistrate, Ambattur, Thiruvallur District, made inC.C.No.42 of 2008 dated 06.06.2017 convicting the petitioner underSec.279 IPC and Sentencing him to undergo Three months SI and to paya sum of Rs.500/- in default to undergo one week SI and convictinghim under Sec.304(A) IPC and sentencing him to undergo six months SIand to pay fine a sum of Rs.5000/- in default to undergo one month SIand directing both sentences to run concurrently, pending disposal ofthe above Crl.RC.No.1525/2019.
Order : This petition coming on for orders upon perusing thepetition and the Memorandum of Grounds in Crl.RC.No.1525/2019 on thefile of the High Court and upon hearing the arguments ofM/S.T.R.RAVI,AdvocateforthepetitionerandofM/S.T.SHUNMUGARAJESWARAN, GOVERNMENT ADVOCATE O/O.PUBLIC PROSECUTORon behalf of the Respondent the court made the following order:- Petitioner, who stands convicted for offences under Sections 279and 304-A IPC, seeks exemption from surrendering to custody as a precondition for consideration of his bail application moved in therevision case preferred by him before this Court.https://hcservices.ecourts.gov.in/hcservices/
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 petitioner shall not berequired to surrender before the learned Judicial Magistrate,Ambattur, as per order dated 15.10.2019 in C.A.No.84 of 2017, pendingdisposal of the main revision.
-sd/-
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.
1 1ST ADDITIONAL DISTRICT ANDSESSIONS JUDGE, THIRUVALLUR DISTRICT.
2 THE JUDICIAL MAGISTRATE,AMBATTUR, THIRUVALLUR DISTRICT.
3 THE CHIEF JUDICIAL MAGISTRATETHIRUVALLUR [FOR INFORMATION]
4 THE PUBLIC PROSECUTORHIGH COURT, MADRAS.
5 THE INSPECTOR OF POLICE, TRAFFIC INVESTIGATION, POONAMALLEE, CHENNAI.