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Madras High CourtCRL MP/1307/2026relaxed

Balasubramanian Sivaganesan @ B.Sivaganesan v. The State Rep.By, The Additional Superintendent Of Police,

2026-02-03Honourable Mr Justice M. Nirmal Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03-02-2026

CORAM

THE HON'BLE MR JUSTICE M. NIRMAL KUMAR in Crl.A.No.286 of 2024 Balasubramanian Sivaganesan @ B.Sivaganesan S/o.Balasubramanian, No.2/26/27, Sulthan Mohammed Street, Neelangarai, Chennai-600 115.

..Petitioner(s) Vs The State rep.by, The Additional Superintendent of Police, SPE, CBI, ACB, Chennai.

(Cr.No.RC.MA1.2010.A.0038 of SPE, CBI, ACB, Chennai dated 30.09.2010).

..Respondent(s) PRAYER: The criminal miscellaneous petition filed under Section 528 of BNSS, to relax the condition in 6(ii) the petitioner/appellant shall appear before the trail court on the first working day of every English Calendar month at 10.30 a.m. until further orders by order dated 11.03.2024 passed in Crl.MP.No.4281/2024 in Crl.A.No.286/2024 passed by this Hon'ble Court. For Petitioner(s):

Mr.D.Kalaivani For Respondent(s):

Mr..K.Srinivasan Spl. Public Prosecutor

ORDER

This petition has been filed seeking relaxation of the the condition in clause 6(ii) imposed by this Court in Crl.MP.No.4281/2024 in Crl.A.No.286/2024 dated 11.03.2024 that the petitioner/appellant shall appear before the trail court on the first working day of every English Calendar month at 10.30 a.m. until further orders.

2.The learned counsel for the petitioner submitted that the petitioner is completely bedridden due to an ischemic stroke and he is unable to comply with the said condition. It is further submitted that the petitioner has been earlier regularly appearing before the trial Court. In support of his submission, he produced the copy of the medical records of the petitioner. Hence, he prayed to relax the condition.

3.The learned Special Public Prosecutor appearing for the respondent police submitted that the petitioner has been complying with the conditions except on few dates, when he was sick.

4.Considering the fact that petitioner is suffering from an ischemic stroke, on perusal of the medical records and the submission made by the learned Special Public Prosecutor that the petitioner has been complying with

the conditions diligently, the condition imposed on the petitioner to appear before the trial Court on the first working day of every English calendar month at 10.30 a.m. until further order, is relaxed. All other conditions remain unaltered.

03-02-2026 Index: Yes/No Speaking/Non-speaking order sms To

1. The Additional Superintendent of Police, SPE, CBI, ACB, Chennai.

(Cr.No.RC.MA1.2010.A.0038 of SPE, CBI, ACB, Chennai dated 30.09.2010).

2.The Public Prosecutor High Court, Madras.

M.NIRMAL KUMAR, J.

sms in Crl.A.No.286 of 2024 03-02-2026