S.Arumugam v. State By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Friday, the Fifteenth day of February Two Thousand Nineteen PRESENT The Hon`ble Mr Justice A.D.JAGADISH CHANDIRA CRIMINAL MISCELLANEOUS PETITION No.2399 of 2019 in CRL.A.No.764 of 2017 1 S.ARUMUGAM [ PETITIONERS ] 2 VALLIAMMAL 3 MEENAKSHI SUNDARAM Vs STATE BY [ RESPONDENT ] ADDITIONAL SUPERINTENDENT OF POLICE, CENTRAL BUREAU OF INVESTIGATION, ANTI CORRUPTION BRANCH, HADDOWS ROAD, CHENNAI-600 006.

Petition praying that in the circumstances stated therein the High Court will be pleased to totally relax the condition imposed on the First Petitioner/A1 to the effect that A1 should report on every 1st day of every English calendar month before the Honble XIV Additional Special Judge for CBI Cases, City Civil Court, Chennai and as far as the second petitioner/A2 to the effect that the Second petitioner shall report before the Honble XIV Additional Special Judge for CBI cases City Civil Court, Chennai once in every three months at 10.30.AM commencing from may 2018 until further orders in Crl.M.P.No.6209 of 2018 in Crl.A.No.764 of 2017 dated 19.04.2018 Order : This petition coming on for orders upon perusing the petition and upon hearing the arguments of M/S.V.S.VENKATESH, Advocate for the petitioners, and of MR.K.

SRINIVASAN Special Public Prosecutor For CBI Cases on behalf of the Respondent, the court made the following order:- This petition has been filed by the petitioners seeking to totally relax the condition imposed on the 1st petitioner/A-1 to the effect that A-1 should report on every 1st day of every English Calendar month before the learned XIV Additional Special Judge for CBI Cases, City Civil Court, Chennai and as far as the 2nd petitioner/A-2 to the effect that the 2nd petitioner to report before the said Court once in every three months at 10.30 a.m., commencing from May 2018 until further orders in Crl.M.P.No.6209 of 2018 in Crl.A.No.764 of 2017 dated 19.04.2018.

2. The learned counsel for the petitioners would submit that the 1st and 2nd petitioners are aged about 67 and 65 years respectively and that they have been regularly complying with the condition and that the 1st petitioner has been appearing regularly every month and the 2nd petitioner has been appearing regularly once in three months. He would also submit that due to their old age and their inability to move they are facing difficulties in complying with the condition and would seek for relaxation of the condition.

3. The learned Special Public Prosecutor for CBI Cases would submit that this Court was benevolent enough to consider the relaxation petition of the 2nd petitioner and that she has been only asked to appear once in three months and that the petitioners are residents of Chennai and the Trial Court is also situated at Chennai and thereby, he opposed for further modification of condition in respect of the 2nd petitioner and he would further submit that the condition of the 1st petitioner can be modified to the effect that he shall appear before the Trial Court once in three months.

4. Accordingly, the relaxation petition is dismissed in respect of the 2nd petitioner and in respect of the 1st petitioner, he is directed to appear before the Trial Court once in three months on the first working day of the English Calender month starting from first working day of May 2019 at 10.30 a.m., until further orders. The Criminal Miscellaneous Petition is disposed of accordingly in respect of the 1st petitioner.

-sd/- 15/02/2019 This order, on being produced, be punctually observed and carried into execution by all concerned TRUE COPY Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.

TO 1 THE XIV ADDITIONAL SPECIAL JUDGE - FOR CBI CASES, CITY CIVIL COURT, CHENNAI 2 THE SPECIAL PUBLIC PROSECUTOR FOR CBI CASES, HIGH COURT, MADRAS

3 THE ADDITIONAL SUPERINTENDENT OF POLICE, CENTRAL BUREAU OF INVESTIGATION, ANTI CORRUPTION BRANCH, HADDOWS ROAD, CHENNAI-600 006.

+2 C.C. to M/S.V.S.VENKATESH Advocate on payment of necessary charges SR.NO.3388 Order in CRL MP.No.2399 of 2019 in CRL.A.No.764 of 2017 Date :15/02/2019 From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format cm 20/02/2019