R.Vijayalakshmi v. The State Repby
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction ) Tuesday, the Twenty Third day of November Two Thousand Twenty One PRESENT The Hon`ble Mr Justice V. BHARATHIDASAN CRIMINAL MISCELLANEOUS PETITION No.11901 of 2021 IN CRL.A.No.267 of 2018 1 R.VIJAYALAKSHMI [ PETITIONER / ACCUSED 1 & 2 ] 2 R.ADHIKESAVULU Vs THE STATE REPBY [ RESPONDENT ] THE INSPECTOR OF POLICE, CBI, ACB, CHENNAI (RC NO.42/A/2010) Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to dispense with the personal appearance of the petitioners hererin before the Learned XII Addl. Spl.Judge for CBI cases, Madras on the first wednesday of every month pending disposal of the above C.A.No.267 of 2018 and render justice.
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.K.RAVI ANANTHA PADMANABAN, Advocate for the Petitioners and of MR.K.SRINIVASAN, Special public Prosecutor on behalf of the Respondent the court made the following order:- This Court by an order dated 25.04.2018, granted suspension of sentence with a condition that the petitioners appear before the trial Court on the first Wednesday of every month. Seeking modification, the present petition has been filed.
2. The learned counsel appearing for the petitioners submitted that totally there are three accused. A1 is the husband of A2 and son-in-law of A3. Pending appeal A1 died. Now the first petitioner wife of deceased A1 and the second petitioner aged 85 years submits that they find it very difficult to appear before the trial Court every month, hence they seek modification.
3. Mr.K.Srinivasan, learned Special Public Prosecutor for CBI cases appearing for the respondent would submit that it is an usual condition imposed in all the appeals and therefore the petitioners may be directed to appear before the trial Court and the order of this Court need not be modified.
4. I have heard the rival submission.
5. Considering the fact that A2 and A3 are wife and father-in-law of the main accused A1 and the fact that A3 is 85 years old, this petition is ordered as prayed for.
6. Registry is directed to list the main appeal for final hearing on 10.01.2021. In the meantime the Registry is directed to put up the paper-book.
-sd/- 23/11/2021 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 XII ADDITIONAL SPECIAL JUDGE FOR CBI CASES, CHENNAI.
2 THE INSPECTOR OF POLICE, CBI, ACB, CHENNAI.
3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
THE SECTION OFFICER, CRIMINAL SECTION, HIGH COURT, MADRAS.
+1 C.C. to M/S.K.RAVI ANANTHA PADMANABAN Advocate on payment of necessary charges SR.NO.13359 Order in CRL MP.11901/2021 in CRL A.267/2018 Date :23/11/2021 From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format JPA 25/11/2021