Jayaraman v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Wednesday, the Eighth day of June Two Thousand Twenty Two PRESENT The Hon`ble Mr Justice D. BHARATHA CHAKRAVARTHY CRIMINAL MISCELLANEOUS PETITION No.7092 of 2022 IN CRL RC.288/2021 JAYARAMAN [ PETITIONER ] Vs THE STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, Q BRANCH CID, CHENNAI CITY, CHENNAI-600 005.

CR NO.1/2002.

Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to relax the condition imposed on the petitioner shall appear before the court on 1st working day and every English calender month at 10.30 a.m. until further orders on 06.05.2021 in the above Crl.R.C.No.288 of 2021.

Order : This petition coming on for orders upon perusing the petition and the filed in support thereof and upon hearing the arguments of M/S.S.GOVINDARAJAN, Advocate for the petitioner, and of M/S.S.VINOTH KUMAR, Govt. Advocate (Crl. Side) on behalf of the Respondent, the court made the following order:- This petition is filed to relax the condition imposed, whereby, the petitioner is directed to appear before the Trial Court on the first working day of every month.

2. The learned Government Advocate (Crl. Side) would submit that the condition is necessary pending the trial because whereabouts of the petitioner have to be checked till the disposal of the above Criminal Revision Case.

3. However, the learned Counsel for the petitioner would submit that on 01.06.2022, on account of extraordinary circumstances, due to marriage in the family of the petitioner, the petitioner is unable to comply with the order. Therefore, he prays to condone the nonappearance of the petitioner on 01.06.2022 before the Trial Court.

4. In that view of the matter, I am inclined to dispose off this Criminal Miscellaneous Petition on the following terms:- (i) The prayer for relaxing the condition in toto is not granted and the petitioner shall continue to appear before the Trial Court on the first working day in every two English Calendar Months; (ii) If the petitioner is unable to appear in any of the occasion, he can file a petition under Section 317 of Cr.P.C., and can appear on any other alternative date as directed by the Trial Court;

(iii) The non-appearance of the petitioner on 01.06.2022 before the Trial Court alone is condoned.

-sd/- 08/06/2022 This order, on being produced, be punctually observed and carried into execution by all concerned TRUE COPY Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.

TO 1 THE VI ADDITIONAL SESSIONS JUDGE, CHENNAI.

2 THE METROPOLITAN MAGISTRATE, NO.II, EGMORE, CHENNAI.

3 THE CHIEF METROPOLITAN MAGISTRATE, EGMORE, CHENNAI. [FOR INFORMATIN]

4 THE INSPECTOR OF POLICE, Q BRANCH CID, CHENNAI CITY, CHENNAI-600005.

+1 C.C. to M/S.S.GOVINDARAJAN Advocate on payment of necessary charges SR.NO.8654 Order in CRL MP.7092/2022 in CRL RC.288/2021 Date :08/06/2022 From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format TA-09/06/2022