Jayesh Kanna v. The Assistant Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Friday, the Twenty First day of June Two Thousand Nineteen PRESENT The Hon`ble Mr Justice P. N. PRAKASH CRIMINAL MISCELLANEOUS PETITION No.7400 of 2019 in CRL A.No.831 of 2018 JAYESH KANNA [ PETITIONER / APPELLANT ] Vs THE ASSISTANT COMMISSIONER [ RESPONDENT ] LAW AND ORDER (WEST), COIMBATORE CITY Petition praying that in the circumstances stated therein the High Court will be pleased to relax the condition imposed on the petitioner directing him to appear before the learned IV Additional District Judge/Sessions Judge, Mahalir Neethi Mandram (Mahila Court) Coimbatore once in a week i.e. every Monday at 10.30 a.m. in Crl.M.P.No.17319 of 2018 in CRL.A.No.831 of 2018 dated 18.12.2018 Order : This petition coming on for orders upon perusing the petition and upon hearing the arguments of M/S.R.

ANITHA, Advocate for the petitioner and of M/S.KRITIKA KAMAL .P Government Advocate (Crl.Side) on behalf of the Respondent the court made the following order:- The petitioner was convicted in S.C.No.248 of 2015 on 29.11.2018 under Section 498-A IPC and was sentenced to undergo 3 years Rigorous Imprisonment. Challenging the conviction and sentence, the petitioner preferred an appeal in Crl.A.No.831 of 2018 and also Crl.MP.No.17319 of 2018 seeking suspension of sentence and bail.

2. This Court, by order dated 18.12.2018 in Crl.MP.No.17319 of 2018, suspended the sentence and released the petitioner on bail on various conditions, one of which, is that the petitioner shall report before the Trial Court at 10.30 a.m. on every Monday. Seeking relaxation of the above said condition, this petition has been filed.

3. The learned Government Advocate appearing for the respondent submitted that the petitioner has been complying with the said condition from the month of December 2018.

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4. In view of the above, the aforesaid condition stands relaxed and the petitioner shall report before the Trial Court at 10.30 a.m. on the first working day of every month until disposal of Crl.A.No.831 of 2018 and if he is not able to appear before the trial Court on any day, he shall make arrangements to file an application under Section 317 Cr.P.C. and shall appear before the trial Court on any other day in lieu of the date of his absence, as directed by the trial Court.

-sd/- 21/06/2019 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 IV ADDITIONAL DISTRICT JUDGE/SESSIONS JUDGE, MAHALIR NEETHI MANDRAM (MAHILA COURT) COIMBATORE 2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

3 THE ASSISTANT COMMISSIONER LAW AND ORDER (WEST), COIMBATORE CITY C.C. to M/S.R.ANITHA Advocate on payment of necessary charges Order in CRL MP.7400/2019 in CRL A.831/2018 Date :21/06/2019 From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format cm 28/06/2019 https://hcservices.ecourts.gov.in/hcservices/