Madras High CourtCRL MP/3410/2024modified

Khaja Moideen v. Union Of India

2024-02-26Honourable Mr Justice M.S. Ramesh,Honourable Mr Justice Sunder Mohan4 pages

Crl M.P. No.3410 of 2024 in Crl.A. No.116 of 2023 M.S.RAMESH, J.

AND SUNDER MOHAN, J.

[Order of the Court was made by M.S.RAMESH,J.] The petitioner seeks relaxation of the following conditions, imposed by this Court in Crl.M.P. No.18411 of 2023 in Crl.A.No.116 of 2023 dated 27.11.2023.

"4...

(i) The condition imposed by this Court directing the petition to appear before the Special Court every day at 10.00 a.m. is modified to the effect that the petitioner shall appear before the Special Court once in 15 days at 10.00 a.m. (i.e. first and third Monday of every month.

(ii) If the petitioner undergoes surgery he need not comply with the direction for three weeks thereafter and from the end of third week onward, he shall appear before the Special Court once in 15 days at 10.00 a.m."

2. The petitioner seeks relaxation of the abovesaid conditions in order to enable him to earn his livelihood, on the ground that he has been complying with the same ever since the date of order.

3. Learned Special Public Prosecutor also conceded that the petitioner has been regularly complying with the abovesaid conditions imposed by this Court in Crl.M.P. No.18411/2023 in Crl.A. No.116 of 2023 and submitted that the condition imposed in para 4(i) of the said order can be modified to the effect that the petitioner should appear once in a month before the Special Court.

4. In view of the said submission made on either side, we deem it appropriate to modify the condition imposed by this Court in paragraph 4(i) in Crl.M.P.No.18411 of 2023 in Crl.A. No.116 of 2023 as follows: "The petitioner shall appear before the Special Court once in a month at 10.00 a.m (i.e.) first Monday of every month." The other condition imposed in para 4(ii) shall remain unaltered.

5. With the above modification, this Criminal Miscellaneous Petition stands partly ordered.

(M.S.R., J.) (S.M., J.) 26.02.2024 bga Internet : Yes Index : Yes / No

M.S.RAMESH , J.

and SUNDER MOHAN, J.

bga Crl M.P. No.3410 of 2024 in Crl.A. No.116 of 2023 Dated: 26.02.2024