Lakshmanan v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.09.2020

CORAM

THE HONOURABLE Mr.JUSTICE P.N.PRAKASH Lakshmanan ..

Petitioner / Petitioner Vs.

The State, Rep by The Inspector of Police EOW-II V.K.Industrial Estate Guindy, Chennai Crime No.5 of 2019 .. Respondent / Respondent Criminal Miscellaneous Petition filed under Section 842 of Cr.P.C., praying to extend the time and to permit the petitioner to comply the condition imposed in Crl.r.C.No.212 of 2020, vide order dated 05.3.2020. For Petitioner : Mr..Sathish Kumar For Respondent : Mrs.P.Kritika Kamal Govt. Advocate (Crl. Side)

ORDER

This case is taken up through video conferencing. 1/4

2.

The petitioner was directed to be released on bail by this Court in Crl.RC.No.212 of 2020 on 05.03.2020, imposing certain conditions, one of which was that, he shall report before the trial Court on all working days at 10.30 a.m., until further orders.

3. The petitioner executed the sureties and was released from custody on Friday, 13th day of March 2020. Since 14th & 15th of March, 2020 were Saturday and Sunday, being holidays, the petitioner should have reported before the trial on the next working day i.e., 16.03.2020. According to the petitioner, he was in jail for more than 3 months and after he was released on bail, he went to his native place to see his family and therefore, he could not report before the trial Court on 16.03.2020 and 17.03.2020. However, when he came back to report before the trial Court on 18.03.2020, due to COVID-19 pandemic, the litigants were not permitted entry inside the Courts and therefore, he was not able to comply with the said condition. In the said circumstances, the petitioner has filed the present petition for extension of time.

4. Heard Mr.M.Sathish Kumar, learned counsel for the petitioner and Mrs.P.Kritika Kamal, learned Government Advocate (Crl Side) for the 2/4

respondent.

5. This Court, treated this petition, seeking extension of time as petition for relaxation of condition in view of the situation that is prevailing on account of COVID-19 pandemic.

6. Accepting the reasons given by the petitioner for his non-appearance before the trial Court on 16.03.2020 and 17.03.2020, this Court is of the view that interests of justice will be served if the said condition is completely relaxed and the petitioner is directed to appear before the respondent-police on every Monday at 10.30 a.m., for a period of four weeks and thereafter as and when required.

7. With the above direction, the condition is relaxed and this petition is ordered accordingly.

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P.N.PRAKASH, J.

ds To

1. The Special Judge, TNPID Court Chennai.

2.The Inspector of Police EOW-II, V.K.Industrial Estate Guindy, Chennai.

3. The Public Prosecutor, Madras High Court, Chennai - 600 104.

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