J.R.Rohinson v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Wednesday, the Twentieth day of February Two Thousand Nineteen PRESENT The Hon`ble Mr Justice A.D.JAGADISH CHANDIRA CRIMINAL MISCELLANEOUS PETITION No.2701 of 2019 in CRL.A.No.792 of 2017 J.R.ROBINSON [ PETITIONER ] Vs STATE REP BY [ RESPONDENT ] DEPUTY SUPERINTENDENT OF POLICE, SPE CBI, ACB, CHENNAI.

R.C.43(A)/02.

Petition praying that in the circumstances stated therein the High Court will be pleased to relax the conditions imposed in Crl.M.P.No.16202 of 2017 dated 20.12.2017 in so far as in respect of appearing before the Learned IX Additional Special Judge for CBI Cases, Chennai on every 1st working day of every month until further orders.

Order : This petition coming on for orders upon perusing the petition and upon hearing the arguments of M/S.C.V.KUMAR, 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:- The petition has been filed to relax the conditions imposed in Crl.MP.No.16202 of 2017 dated 20.12.2017 in so far as in respect of appearing before the learned IX Additional Special Judge for CBI Cases, Chennai on every 1st working day of every month, until further orders.

2.The learned counsel for the petitioner would submit that he has been granted suspension of sentence by order dated 20.12.2017 in Crl.MP.No.16202 of 2017, with a condition to report before the trial Court on the 1st working day of every English calendar month at 10.30 am., until further orders. He would further submit that the petitioner is colon cancer patient and he is taking ayurvedic treatment at Kerala and due to his illness, he was unable to surrender before the trial Court within the time frame fixed by this Court. Thereafter, the petitioner had filed a petition for extension of time to surrender before the trial Court and this Court had also

granted extension of time. After surrender and examination of sureties, the petitioner had been regularly complying with the condition from 02.07.2018 till date. The petitioner has to travel from Waynad Kerala to Chennai by train for appearing before the Court and his health condition is getting deteriorated due to travel. He would also submit that this Court has already relaxed the condition of the co-accused and directed him to appear before the trial Court once in three months and he has been complying with the same and thereby would seek for relaxation of condition. 3.The learned Special Public Prosecutor for CBI Cases appearing for the respondent would submit that the petitioner has been regularly complying the condition from 02.07.2018.

4. In view of the submissions, the condition is modified to the effect that the petitioner shall appear before the learned IX Additional Special Judge for CBI Cases, Chennai, once in three months on the 1st working day of the English calender month (starting from March 2019).

5.With this direction, the Criminal Miscellaneous Petition is ordered.

-sd/- 20/02/2019 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 IX ADDITIONAL SPECIAL JUDGE FOR CBI CASES, CHENNAI 2 THE SPECIAL PUBLIC PROSECUTOR FOR CBI CASES, HIGH COURT, MADRAS

3 THE DEPUTY SUPERINTENDENT OF POLICE, SPE CBI,ACB, CHENNAI +1 C.C. to M/S.C.V.KUMAR Advocate on payment of necessary charges SR.NO.3659 Order in CRL MP.No.2701 of 2019 in CRL.A.No.792 of 2017 Date :20/02/2019 From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format cm 22/02/2019