Madras High Court
CRL MP/19177/2019 of V.MAA.RAMESH Vs K.VALLI 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.SWAMINATHAN
CRIMINAL MISCELLANEOUS PETITION No.19177 of 2019IN CRL.RC.NO.1522 OF 2019
V.MAA.RAMESH [ PETITIONER / PETITIONER /PROPRIETORE OF SOLA INTERNATIONALAPPELLANT / ACCUSED ](OIL STORE)
Vs
K.VALLI [ RESPONDENT / RESPONDENT /RESPONDENT / COMPLAINANT ]RESPONDENT / COMPLAINANT ]
Petition praying that in the circumstances stated therein and inthe Memorandum of Grounds in Crl.RC.No.1522/2019 on the file of theHigh Court, the High Court will be pleased to exempt the petitionerto surrender before the Appellate Court and judgment dated 23.10.2019made in C.A.No.390/2018 (On the file of Ist Additional District andSessions Judge, Erode) confirming the judgment dated 22.11.2018 madein S.T.C.No.459 of 2017 on the file Judicial Magistrate Fast TrackCourt No.I, Erode.
Order : This petition coming on for orders upon perusing thepetition and the Memorandum of Grounds in Crl.RC.No.1522/2019 on thefile of the High Court and upon hearing the arguments ofM/S.C.S.SARAVANAN, Advocate for the petitioner the court made thefollowing order:- Petitioner, who stands convicted for an offence under Section 138of the Negotiable Instruments Act, seeks exemption from surrenderingto custody as a pre condition for consideration of his bailapplication moved in the revision case preferred by him before thisCourt.
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 thehttps://hcservices.ecourts.gov.in/hcservices/decision 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 be required to surrender before the learned Judicial Magistrate, FastTrack Court I, Erode, as per order dated 23.10.2019 in C.A.No.390 of2018, 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.
TO1 1ST ADDITIONAL DISTRICT ANDSESSIONS JUDGE, ERODE.2 THE JUDICIAL MAGISTRATE,FAST TRACK COURT NO.I, ERODE.
3 THE CHIEF JUDICIAL MAGISTRATEERODE [FOR INFORMATION] C.C. to M/S.C.S.SARAVANAN Advocate on payment of necessarycharges Order in CRL MP.19177/2019
in
CRL.RC.1522/2019
Date :30/12/2019
From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this formatcs 02/01/2020