S.K.Rajagopal v. State Rep.By, Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21-02-2025

CORAM

THE HONOURABLE MR JUSTICE M. NIRMAL KUMAR CRL MP NO. 2956 of 2025 in Crl.A.No.1634 of 2023 S.K.Rajagopal S/O S. Krishnaswamy Iyer, Zonal Deputy Thasildhar, Wallajabad, Kancheepuram. Residing at Plot No.2/G2 Ashok Manor, Ruby Builders, Venkatasamy Street, Selaiyur, Chennai-600073. Appellant(s) Vs State Rep.By, Inspector Of Police, Vigilance Anti-Corruption, Kancheepuram.

Cr.No.7/AC/2000/KM Respondent(s) For Appellant(s):

P.Kannan Kumar For Respondent(s):

M/s.S.Udaya Kumar Ga (crl Side)

ORDER

The petitioner/accused was convicted by the trial court in Special S.C.No.9 of 2005. He preferred an appeal in C.A.No. 1634 of 2023 along with a petition for suspension of sentence in Crl.M.P.19968 of 2023. This Court, vide order dated 21.12.2023, granted suspension of sentence to the 1/5

petitioner on the condition that he appear before the trial court at 10:30 a.m. on the first working day of every English Calender Month. 2.

The contention of the petitioner is that he was previously working as Zonal Deputy Tahsildar, Wallajabad, Kancheepuram and is presently residing at Plot No. 2/G2 Ashok Manor, Ruby Builders, Venkatasamy Street, Selaiyur, Chennai. The petitioner is now aged about 77 years, and his wife is 70 years old. However, the petitioner's wife has severe alzamir dementia and is unable to understand the happenings around her and unable to take care of herself. Currently, she requires constant care and assistance. Their children are residing in outstation. 3.

The learned Government Advocate (Criminal Side) submitted that the petitioner has complied with the condition from January 2024 onwards and has been appearing regularly.

4.

In view of the above findings, considering the difficulty of the petitioner in appearing before the trial court and leaving his ailing wife alone, the petitioner has filed this petition. The petitioner's age is not 2/5

seriously disputed. Finding that the petitioner is 77 years old and his wife is 70 years old, both are with health issues, this Court on the undertaking that the petitioner will pursue the appeal without any delay once it is listed. This Court is satisfied that the petition to relaxation can be allowed. Accordingly, the petition is allowed. Condition to report before the trial Court on the first working day of every English calender month at 10.30 a.m is hereby relaxed in toto.

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M. NIRMAL KUMAR , J.

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