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Madras High CourtCRL MP/4356/2023relaxed

A.Paramasivan v. The Central Bureau Of Investigation

2023-03-29Honourable Mr Justice A.D.Jagadish Chandira4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.03.2023

CORAM

THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA in Crl.A.No.1311 of 2022 A.Paramasivan ... Petitioner/Appellant Vs.

1. The Central Bureau of Investigation, Represented by the Investigating Officer, Inspector of Police, Anti Corruption Branch, Shastri Bhavan, Nungambakkam, Chennai - 600 006.

2. M/s.MIOT Hospitals, Medical & Educational Trust, being Represented by Mr.Hariharan.R its Authorized Signatory, Office at 4/112, Mount-Poonamalee Road, Manapakkam, Chennai - 600 089.

... Respondent Prayer: Criminal Miscellaneous Petition filed under Section 482 of Cr.P.C., pleased to relax the bail condition No.(ii), relating to the petitioner's appearance before the lower Court on the first working day of every English 1/4

Calender month at 10.30 a.m., pending disposal of Crl.M.P.No.19895 of 2022 in C.A.No.1311 of 2022 vide order dated 23.01.2023, passed by this Court.

For Petitioner : Mr.T.Sivananthan For Respondents :

For R1 : Mr.K.Srinivasan Special Public Prosecutor (CBI Cases)

ORDER

This petition has been filed to relax the condition that (ii) the petitioner/appellant shall appear before the Trial Court on the first working day of every English Calendar month at 10.30 a.m., until further orders, imposed on the petitioner in Crl.M.P.No.19895 of 2022 in Crl.A.No.1311 of 2022 by order dated 23.01.2023.

2. Mr.T.Sivananthan, learned counsel for the petitioner/appellant submitted that this Court by its order dated 23.01.2023 suspending the sentence imposed on the petitioner by the Trial Court and granted bail with a condition to report before the Trial Court on the first working day of every English Calendar month at 10.30 a.m., pending disposal of the appeal. He further submitted that the petitioner is suffering from Cancer and that all along, the petitioner has been regularly appearing 2/4

before the Trial Court and hence, he seeks for relaxation of the condition.

3. The learned Special Public Prosecutor (CBI Cases) appearing for the first respondent submitted that the petitioner's sentence was suspended and the bail was granted on 23.01.2023. He further submitted that the petitioner has appeared and complied with the conditions last month. However, he would submit that the petitioner seems to be suffering from cancer.

4. In view of the above, the condition imposed on the petitioner in Crl.M.P.No.19895 of 2022 in Crl.A.No.1311 of 2022 by order dated 23.01.2023, is modified to the effect that the petitioner/appellant shall appear before the Trial Court once in four months starting from the first working day of August 2023 at 10.30 a.m., and thereafter once in four months.

5. Accordingly, the Criminal Miscellaneous Petition stands ordered. 29.03.2023 arb A.D.JAGADISH CHANDIRA, J.

arb To 3/4

1. The Inspector of Police/Investigating Officer, Central Bureau of Investigation, Anti Corruption Branch, Shastri Bhavan, Nungambakkam, Chennai - 600 006.

2. The Public Prosecutor, High Court of Madras.

in Crl.A.No.1311 of 2022 29.03.2023 4/4