D. Sangeetha, v. The State Rep.By, The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 02-04-2025
CORAM
THE HONOURABLE MR JUSTICE M. NIRMAL KUMAR in CRL A NO. 597 OF 2016 D. Sangeetha, W/o. Late. A.S. Suresh, 1/2f, Jayagriha Apartments, Desika Road, Mylapore, Chennai - 600 004.
Petitioner/A3 Vs The State Rep.By, The Inspector Of Police, Acb-cbi, Chennai.
Respondent(s) PRAYER: Criminal Miscellaneous Petition filed under Section 482 of Cr.P.C. seeking to relax the condition imposed in Para No.6 in Crl.M.P.No.8210 of 2016 in C.A.No.597/2016 order dated 05.08.2016 pending on the file of this Court.
For Appellant(s):
Mr.J.Suresh For Respondent(s): Mr.B.Mohan Special Public Prosecutor (CBI Cases) 1/6
ORDER
The petitioner/A3 in C.C.No.25 of 2009 was convicted by the trial Court on 21.07.2016. Thereafter, she filed an appeal before this Court in C.A.No.597 of 2016 along with suspension of sentence petition in Crl.M.P.No.8210 of 2016. This Court, by the order dated 05.08.2016, suspended the sentence and granted bail to the petitioner on condition that the petitioner to appear before the trial Court on the first working day of every month at 10.30 a.m. Thereafter, the petitioner filed relaxation petition in Crl.M.P.No.11551 of 2017, which was dismissed by this Court finding that the petitioner not complied the condition since June, 2017. Later, the petitioner filed Crl.M.P.No.19956 of 2023 seeking relaxation of the condition on the ground that petitioner's daughter is living in United States and she is in advanced stage of pregnancy. The petitioner is the single mother and she has to take care of her daughter during pregnancy and delivery time and also to take care of the new born baby for a brief period. This Court considering the 2/6
same, by the order dated 21.12.2023, modified the condition giving 5 months relaxation and directed the petitioner to appear before the trial Court on the first working day of June, 2024 and thereafter, continue to appear before the trial Court once in three months.
2.The present relaxation petition is filed on the ground that the petitioner's daughter is blessed with a child in U.S. and she requested the petitioner to take care of her grandchild. Hence, the petitioner intends to stay with her daughter for a period of six months and seeks relaxation to appear before the trial Court for a period of six months. 3.The learned Special Public Prosecutor submitted that the petitioner is complying with the conditions imposed by this Court. Earlier she was permitted to visit United States to take care of her daughter during delivery time. Thereafter, she came back to India and complying the conditions.
3/6
4.It is seen that the appeal is of the year 2016 and appeal yet to be listed for final hearing. Considering the submission made by the learned Special Public Prosecutor that the petitioner is complying with the conditions without any deviation, this Criminal Miscellaneous Petition is ordred and the condition imposed by this Court in Crl.M.P.No.8210 of 2016 in Crl.A.No.597 of 2016 by the order dated 05.08.2016 is modified as follows: "The petitioner shall appear before the trial Court on the first working day of October, 2025 and thereafter, continue to appear before the trial Court once in three months on the first working day of the month at 10.30 a.m. until further orders." All other conditions remain unaltered.
02.04.2025 rsi 4/6
To 1.The Inspector Of Police, ACB-CBI, Chennai.
2.The XI Additional Special Judge for CBI Cases, Chennai.
3.The Public Prosecutor, High Court, Madras.
5/6
M. NIRMAL KUMAR, J.
rsi in CRL A NO. 597 OF 2016 02.04.2025 6/6