S.Appavu Gnanaraj, 69 Years, v. State Rep. By:

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Monday, the Twenty Seventh day of August Two Thousand Eighteen PRESENT The Hon`ble Mr Justice A.D.JAGADISH CHANDIRA CRIMINAL MISCELLANEOUS PETITION Nos.12583 and 13464 of 2017 IN CRL A.653/2011 1 S.APPAVU GNANARAJ [ PETITIONERS/APPELLANTS 2 K.MANOHARAN in CRL.M.P.No.12583 of 2017] P.SHANMUGAM [ PETITIONER/APPELLANT in CRL.M.P.No.13464 of 2017] Vs STATE REP. BY: [ RESPONDENT DEPUTY SUPERINTENDENT OF POLICE, in both the petitions] CBI/SCB/CHENNAI.

CRIME NO.RC3/(S)/95.

Petition praying that in the circumstances stated therein the High Court will be pleased to relax the condition i.e. they should report before the concerned court once in every month, on the first working day of that month at 10.30 am, until further orders, imposed in Crl.M.P. No.1/2011 in Crl.A.No.653 of 2011 dated 19.10.2011 in [CRL.M.P.Nos.12583 and 13464 of 2017].

Order : This petition coming on for orders upon perusing the petition and upon hearing the arguments of M/S.K.GANDHI 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:- These two petitions have been filed to relax the condition imposed on the petitioners in M.P.No.1 of 2011 in Crl.A.No.653 of 2011 dated 19.10.2011 directing the petitioners in Crl.M.P.No.12583 of 2017 to appear before the trial Court on the first working day of every month at 10.3 a.m until further orders and also directing the petitioner in Crl.M.P.No.13464 of 2017 to appear before the trial Court once in every three months on the first working day of that month at 10.30 a.m until further orders.

2. The learned counsel for the petitioners in both petitions 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.653 of 2011 on 19.10.2011 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 he is yet to get instruction with regard to compliance of condition. However, he 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.653 of 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/- 27/08/2018 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 DEPUTY SUPERINTENDENT OF POLICE, CBI/SCB/CHENNAI

2 THE SPECIAL PUBLIC PROSECUTOR FOR CBI CASES, HIGH COURT, MADRAS.

+2C.C. to M/S.K.GANDHI KUMAR Advocate on payment of necessary charges SR.NO. 16047,16048 Order in CRL MP.Nos.12583 & 13464 /2017 in CRL A.653/2011 Date :27/08/2018 From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format cm 06/09/2018