V.Subramaniyam v. The Deputy Superintendent Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction ) Monday, the Twenty Ninth day of April Two Thousand Nineteen PRESENT The Hon`ble Mr Justice A.D.JAGADISH CHANDIRA CRIMINAL MISCELLANEOUS PETITION No.6099 of 2019 IN CRL.A.NO.649 of 2011 1 V.SUBRAMANIYAM [PETITIONER/APPELLANTS/ACCUSED] 2 VELAPPAN 3 JAGADEESAN 4 NARAYANAN 5 LOGANATHAN 6 SELVARAJ 7 KUMAR 8 DURAI 9 MURUGAN 10 PARAMASIVAM 11 MADHESH 12 SHAHUL SHERIF 13 SHANMUGAM 14 JAGATHEESAN Vs STATE REP BY [ RESPONDENT/COMPLAINANT ] THE DEPUTY SUPERINTENDENT OF POLICE, CBI/SCB/MADRAS CR.NO.RC/3/S/95.
Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased relax the conditions imposed by this Hon'ble Court in Crl.M.P.No.1/2011 in C.A.No.646/2011 that the petitioner should appear before the learned court Dharmapuri once in every month one the first working day at 10.30 a.m.
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.D.RAJAGOPAL, Advocate for the petitioners, and of MR.K.SRIVIVASAN, Spl. Public Prosecutor for CBI-cases, on behalf of the Respondent, the court made the following order:- Crl.MP.No.6099 of 2019 in Crl.A.No.649 of 2011
This petition has been filed to relax the condition imposed on the petitioners in M.P.No.1 of 2011 in Crl.A.No.649 of 2011 dated 18.10.2011 directing the petitioners 1 to 12 to appear before the trial Court once in three months on the first working day at 10.30 a.m until further orders and the petitioners 13 to 21 to appear before the trial Court once in every month, on the first working day at 10.30 a.m., until further orders.
2. The learned counsel for the petitioners would submit that from the date of suspension of sentence, the petitioners have been complying with the condition imposed by this court in M.P.No.1 of 2011 in Crl.A.No.649 of 2011 dated 18.10.2011 regularly. He would further submit that the condition in respect of the similarly placed co-accused/appellants have been totally relaxed by this Court in Crl.M.P.No.2084 and 2085 of 2016 in Crl.A.No.622 of 2011 dated 26.02.2016 and therefore, he prayed for relaxation of the said condition.
3. The learned Special Public Prosecutor for CBI Cases would submit that the petitioners are complying with the condition and would further submit that this Court had relaxed the condition in respect of the co-accused.
4. Taking into consideration of the submissions made by the counsels on either side, the condition imposed by this court in M.P.No.1 of 2011 in Crl.A.No.649 of 2011 dated 18.10.2011 is relaxed. However, the petitioners shall inform the respondent if there is any change of address immediately and that the petitioners shall make due arrangement for appearance of the counsels at the time of final hearing of the appeal.
-sd/- 29/04/2019 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 SPECIAL JUDGE OF SC/ST PREVENTION OF ATROCITIES ACT, 1989, DHARMAPURI.
2 THE SPECIAL PUBLIC PROSECUTOR FOR CBI CASES, HIGH COURT, MADRAS.
3 THE DEPUTY SUPERINTENDENT OF POLICE, CBI/SCB/MADRAS CR.NO.RC/3/S/95
4 THE PRINCIPAL SESSIONS JUDGE, DHARMAPURI/SPECIAL COURT.
+1 C.C. to M/S.D.RAJAGOPAL Advocate on payment of necessary charges SR.NO.8866 Order in CRL MP.6099/2019 in CRL.A.NO.649/2011 Date :29/04/2019 From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format TA-30/04/2019