P.K.Panneerselvam v. The State Rep By Its,

Crl.M.P.No.4230 of 2024 in Crl.A.No.294 of 2019 A.D.JAGADISH CHANDIRA, J.

This petition has been filed seeking to relax the condition imposed by this Court upon the petitioner/appellant in Crl.M.P.No.6768 of 2019 in Crl.A.No.294 of 2019 vide order dated 04.06.2019, to appear before the trial Court on the first working day of every English Calendar Month at 10.30 a.m. until further orders.

2. Learned counsel for the petitioner/appellant submitted that the petitioner, who is aged about 64 years, is suffering from brain stroke and he was admitted as inpatient in Sri Ramachandra Hospital, Porur on 04.02.2024 and later discharged on 21.02.2024, however, due to his ill health, he finds it difficult to appear before the trial Court. Thereby, the present petition has been filed seeking to relax the condition.

3. Learned Government Advocate (Criminal Side) submitted that the petitioner has been complying with the conditions regularly till February 2024. He further submitted that the medical records submitted by the petitioner counsel shows that the petitioner was admitted in the hospital on 04.02.2024 and discharged on 21.02.2024.

4. Heard the learned counsel for the petitioner and the learned Government Advocate (Criminal Side) and perused the materials available on record including the Medical Report of the petitioner.

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A.D.JAGADISH CHANDIRA, J.

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5. The reasons adduced in the affidavit filed in support of this petition and the submissions made by the learned counsel on both sides being satisfactory, this Criminal Miscellaneous Petition stands ordered and the condition imposed by this Court in Crl.M.P.No.6768 of 2019 in Crl.A.No.294 of 2019 vide order dated 04.06.2019, is modified as follows :- "the petitioner shall appear before the trial Court once in four months at 10.30 a.m., starting from the 1st working day of August 2024, until further orders."

6. It is made clear that, if the petitioner is unable to appear before the trial Court concerned for complying with the condition due to his ill health, he should be duly represented by his counsel who shall file an application under Section 317 Cr.P.C to that effect before the trial Court concerned. 18.03.2024 ham Crl.M.P.No.4230 of 2024 in Crl.A.No.294 of 2019 https://www.mhc.tn.gov.in/judis