Pandian v. State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Friday, the Fifth day of March Two Thousand Twenty One PRESENT The Hon`ble Mr Justice A.D.JAGADISH CHANDIRA CRIMINAL MISCELLANEOUS PETITION No.2635 of 2021 IN CRL.A.No.595 of 2018 PANDIAN [ PETITIONER ] Vs STATE REP.BY [ RESPONDENT ] THE INSPECTOR OF POLICE, SPE: CBI/ACB, CHENNAI.

RC MA 1 2009-A-0022.

Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to (i) To relax the condition the petitioner shall report before the trial court on Every three month of English Calender at 10.30 A.M until further order in Crl.MP.No.12564 of 2019 on the file of this Honble court in Crl.A.No.595 of 2018.

Order : This petition coming on for orders upon perusing the petition and the filed in support thereof and upon hearing the arguments of M/S.L.INFANT DINESH, Advocate for the petitioner, and of MR.K.SRINIVASAN, Special Public Prosecutor for CBI-cases, on behalf of the Respondent, the court made the following order:- Learned counsel appearing for the petitioner would submit that the petitioner filed an Appeal in Crl.A.No.595 of 2018 and this Court had suspended the sentence in Crl.M.P.No.13160 of 2018 and thereafter the petitioner filed a petition in Crl.M.P.No.12564 of 2019 seeking for relaxation of the condition and the same was modified by this Court vide order dated 30.08.2019 with a condition to report before the trial Court on every three months of English Calender at 10.30 a.m. until further orders.

Thereafter, the petitioner filed a petition in Crl.M.P.No.7693 of 2020 to relax the condition completely, the same was dismissed by this Court vide order dated 07.12.2020 with a direction to call for the records from the trial Court and to post the main appeal for final disposal expeditiously.

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2.He would further submit that the petitioner is a senior citizen aged about 70 years and he had also met with major accident last year and sustained fracture on his hand due to which he has been hospitalised for further treatment and hence he has no other option except to approach this Court for relaxation of the condition imposed on him.

2.Learned Additional Public Prosecutor has no objection in modifying the conditions imposed by this Court vide order dated 30.08.2019 in Crl.M.P.No.12564 of 2019.

3.Heard the counsels.

4.In view of the above submissions made by the learned counsels, this court is inclined to modify the conditions imposed on the petitioner vide order dated 30.08.2019 in Crl.M.P.No.12564 of 2019 to the effect that the petitioner shall appear before the trial Court once in six months on the first working day of the concerned month at 10.30 a.m. commencing from June 2021 until further orders. -sd/- 05/03/2021 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 STATE REP.BY THE INSPECTOR OF POLICE, SPE, CBI, ACB, CHENNAI.RC MA 1 2009-A-0022.

2 THE SPECIAL PUBLIC PROSECUTOR FOR CBI CASES, HIGH COURT, MADRAS.

C.C. to M/S.L.INFANT DINESH Advocate on payment of necessary charges Order in CRL MP.2635/2021 in CRL A.595/2018 Date :05/03/2021 From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format https://hcservices.ecourts.gov.in/hcservices/ TA-11/03/2021