Mahabhoob Rahiman v. The State Of Tamil Nadu

M.SUNDAR, J.

and M.NIRMAL KUMAR, J.

(Order of the Court was made by M.NIRMAL KUMAR, J.) This Criminal Miscellaneous Petition has been filed to relax the condition imposed by the order dated 21.12.2020 in Crl.M.P.No.2197 of 2020 in Crl.A.No.115 of 2020. 2.

Petitioner is A1 in S.C.No.71 of 2019 and he was convicted by the Trial Court by judgment dated 01.02.2020. Against this conviction, the petitioner had filed an appeal before this Court in Crl.A.No.115 of 2020. He had filed suspension of sentence petition in Crl.M.P. No.2197 of 2020 and this Court by order dated 21.12.2020, granted suspension of sentence and granted bail and one of the conditions is that the petitioner shall report before the Trial Court on the first working day of every month at 10.30 a.m. 3.

The contention of the petitioner is that the petitioner is a cab driver and he is eking out his livelihood through this employment. His entire family depends upon his income. The

petitioner's nature of job is that he has to travel to various places and he cannot have a choice of date and time in his employment and due to the above condition, the petitioner is unable to carry out his profession and his earnings are grossly affected thereby his family is put to untold sufferings. He further submitted that the coaccused viz., A2 and A3 have filed Crl.A.No.98 of 2020 and they were also granted suspension of sentence and bail by this Court by order dated 14.12.2020 in Crl. M.P. No.7676 of 2020 with similar condition. Thereafter, the said condition was modified by this Court in Crl.M.P. Nos.16472 and 16473 of 2022 by order dated 03.11.2022, directing the co-accused to appear before the Trial Court once in three months. The petitioner seeks the same relief in this petition.

4.

Learned Additional Public Prosecutor submits that the petitioner is the main accused/A1 and as regards the co-accused, they are only A2 and A3 and further the condition is only to appear before the Trial Court once in a month and opposed this petition. 5.

Considering the fact that this Court had modified the

condition for the co-accused, the petitioner is also entitled to the same. In view of the same, the condition imposed in the order dated 21.12.2020 in Crl.M.P.No.2197 of 2020 in Crl.A.No.115 of 2020 is modified to the effect that 'the petitioner shall report before the Trial Court once in three months commencing from 02.05.2023 on the first working day of the month at 10.30 a.m.' 6.

This Criminal Miscellaneous Petition is ordered accordingly.

[M.S.J.,] [M.N.K.J.,] 24.04.2023 mmi M.SUNDAR, J.,

and M.NIRMAL KUMAR, J., mmi Crl. M.P.No.5673 of 2023 24.04.2023