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Madras High CourtCRL MP/5717/2024modified

T.S.R.Vasudevan v. State By

2024-03-28Honourable Mr Justice A.D.Jagadish Chandira2 pages

Crl.M.P.No.5717 of 2024 in Crl.A.No.126 of 2018 A.D.JAGADISH CHANDIRA, J.

This petition has been filed seeking to modify the condition of the petitioner to report before the learned Principal District Judge at Puducherry instead of Learned XI Additional Special Judge (CBI cases relating to Banks and Financial Institutions), Chennai in Crl.M.P.No.3042 of 2018 in Crl.A.No.126 of 2018.

2. Learned counsel for the petitioner/appellant submitted that this Court, while granting suspension of sentence to the petitioner vide order dated 16.03.2018, had directed him to appear before the learned XI Additional Special Judge for CBI cases, Chennai, on the first Monday of every English Calendar Month at 10.30 a.m., until further orders. He further submitted that the petitioner, who is aged about 64 years, due to his old age ailments, finds it difficult to travel from Puducherry to Chennai to appear before the trial Court. He also submitted that the petitioner's wife is taking treatment for Rheumatoid Arthritis and the petitioner is only taking care of her and there is no one to take care of her health. Hence, the present petition has been filed seeking to modify the condition.

3. Learned Special Public Prosecutor for CBI Cases submitted that the petitioner has been complying with the conditions regularly. https://www.mhc.tn.gov.in/judis

A.D.JAGADISH CHANDIRA, J.

4. The reasons adduced in the affidavit filed in support of this petition being satisfactory, the condition imposed by this Court in Crl.M.P.No.3042 of 2018 in Crl.A.No.126 of 2018 vide order dated 16.03.2018 is modified to the effect that, "the petitioner shall appear before the trial Court once in four months at 10.30 a.m., starting from the 1st working day of April 2024, until further orders."

5. It is made clear that, if the petitioner is unable to appear before the trial Court concerned for complying with the condition, 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.

28.03.2024 Note : Issue order copy today (28.03.2024) ham Crl.M.P.No.5717 of 2024 in Crl.A.No.126 of 2018 1/2 https://www.mhc.tn.gov.in/judis