Madras High CourtCRL MP/4622/2020relaxed

A.Sathiyavani v. State Rep.By

2020-07-29Honourable Mr Justice M. Nirmal Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29.07.2020

CORAM:

THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR CRL.M.P.No.4622 of 2020 in CRL.A.No.207 of 2019 A.Sathiyavani ... petitioner Vs.

State represented by Inspector of Police, SPE:CBI:ACB:Chennai R.C.No.52(A)2004 ... Respondent Prayer : Criminal Original Petition filed under Section 482 of Cr.P.C., to relax the condition made pending appeal vide in Crl.M.P.No.11725 of 2019, in order dated 21.08.2019, the petitioner shall appear before the trial court once in three months on the first working day of the particular month at 10.30 a.m.

For Appellant : Mr.K.Shankar For Respondent : Mr.K.Prabakar Additional Public Prosecutor

O R D E R

This petition has been filed to relax the condition made, pending appeal in Crl.M.P.No.11725 of 2019 dated 21.08.2019, the petitioner shall

appear before the trial court once in three months on the first working day of the particular month at 10.30 a.m.

2. The learned counsel for the petitioner submitted that R.Arivudainambi/husband of the petitioner and the petitioner were convicted by judgment dated 18.03.2019. Thereafter, the petitioner and her husband filed miscellaneous petition in Crl.M.P.No.5091 of 2019 in Crl.A.No.207 of 2019 and sought for suspension of sentence. This Court, by order dated 10.04.2019 had suspended the sentence, directing them to appear before the trial Court on the first working day of every English Calender Month at 10.30 a.m., until further orders. Thereafter, due to their health condition, the petitioner and her husband filed a relaxation petition in Crl.M.P.No.11725 of 2019 in CRL.A.No.207 of 2019. This Court, by order dated 21.08.2019, directed them to appear before the Trial Court once in three months on the first working day of the particular month at 10.

30 a.m. Thereafter, the petitioner and her husband had been regularly complying with the conditions. It is further submitted that the petitioner, who is an elderly woman, suffers from severe health complications and she is unable to move without aid of a walker and a attender. Hence, he seeks for relaxation.

3. The learned Additional Public Prosecutor submitted that the petitioner has been complying with the conditions regularly till date.

4. The appeal is of the year 2019 and it would take some time for final hearing. In this case, the co-accused is none other than her husband, who is appearing before the Trial Court. In view of the health condition and the above facts, the condition imposed on the petitioner is totally relaxed.

5. Accordingly, the Criminal Miscellaneous Petition is ordered. 29.07.2020 ssb Index:Yes/No Internet:Yes/No Speaking Order/Non-speaking Order To Inspector of Police, SPE:CBI:ACB:Chennai R.C.No.52(A)2004

M.NIRMAL KUMAR, J.

ssb CRL.M.P.No.4622 of 2020 in CRL.A.No.207 of 2019 29.07.2020