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Madras High CourtCRL MP/1103/2017modified

M.Gopalakrishnan, M/A-81 Years v. The Deputy Superintendent Of

2017-01-30Honourable Mr Justice S. Baskaran2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Monday, the Thirtieth day of January Two Thousand Seventeen PRESENT The Hon`ble Mr Justice S. BASKARAN CRIMINAL MISCELLANEOUS PETITION No.1103 of 2017 IN CRL A.503/2016 M.GOPALAKRISHNAN, [ PETITIONER/APPELLANT] Vs THE DEPUTY SUPERINTENDENT OF [ RESPONDENT ] POLICE, SPE/CBI/ACB, CHENNAI.CR.NO.MA/1997/A/0032 Petition praying that in the circumstances stated therein the High Court will be pleased to relax the conditions imposed in Crl.M.P.No.7302 of 2016 in C.A.No.503 of 2016 and the petitioner to appear once in three month during the months of January, April, July and October.

Order : This petition coming on for orders upon perusing the petition and upon hearing the arguments of M/S.SUNDAR MOHAN, 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:- This petition is filed seeking to relax the conditions imposed in Crl.M.P.No.7302 of 2016 in Crl.A.No.503 of 2016.

2. It is stated in the petition that that the petitioner has been appearing regularly before the VIII Additional Principal Special Judge for CBI Cases and for the other cases, in which, he is facing trial. It is further stated that he has filed four other appeals in Crl.A.No.223/2003, 379/2013 and 630/2013, wherein, he is appearing before the trial court once in three months. Subsequent to the modification order passed by this court, in the above said cases, it is stated that the petitioner has been appearing during the months of January, April, July and October and whereas, in the above criminal appeal, he has stated to be appearing during the months of February, May, August and November. Now, the learned counsel appearing for the petitioner seeks to relax the conditions imposed in Crl.M.P.No.7302 of 2016 and permit the petitioner to appear once in three months during the months of January, April, July and October.

3. Heard Mr.K.Srinivasan, learned Special Public Prosecutor, appearing for the respondent-State on the above submissions.

4. Considering the reasons stated in the petition, this petition is allowed and the conditions imposed in Crl.M.P.No.7302 of 2016 in Crl.A.No.503 of 2016 is modified to the effect that the petitioner shall appear once in three months during the months of January, April, July and October on the first working day of the said months, until further orders.

5. Petition is ordered accordingly.

-sd/- 30/01/2017 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 PRINCIPAL SPECIAL JUDGE, FOR CBI CASES, CHENNAI.

2 THE VII, ADDL. PRINCIPAL SPECIAL JUDGE FOR CBI CASES, CHENNAI.

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

4 THE DEPUTY SUPERINTENDENT OF POLICE, SPE/CBI/ACB, CHENNAI.

+1 C.C. to M/S.SUNDAR MOHAN Advocate on payment of necessary charges-Sr.1898 Order in CRL MP.1103/2017 in CRL A.503/2016 Date :30/01/2017 From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format ths : 31.01.2017