S. Sarumathi v. The State Rep.By Its

Crl.M.P.No.9500 of 2023 in Dr.G.JAYACHANDRAN,J.

The petitioner is the sole appellant in Crl.A.No.270 of 2018. She is the second accused in C.C.No.22 of 2011 on the file of XIV Additional Special Judge for CBI Cases, XIV Additional City Civil Court, Chennai. By judgment dated 17.04.2018, she was found guilty and sentenced to undergo one year rigorous imprisonment and to pay a fine of Rs.10,000/- in default, three months simple imprisonment for the offence under Section 120(B) IPC r/w 13(2) r/w 13(1)(e) of the Prevention of Corruption Act, 1988 and an identical sentence for offence under Section 13(2) r/w 13(1)(e) of the Prevention of Corruption Act, 1988. 2.

Aggrieved by the judgment of conviction and sentence, Appeal was filed before this Court and this Court suspended the sentence alone, on condition that she should appear before the trial Court on the first working day of every English Calendar Month at 10.30 am, until further orders. 3.

The Appeal is 5 years old, is ripe to be taken up for final hearing. At this juncture, the petitioner / second appellant had sought relaxation of bail condition as well as permission to go abroad to be with her daughter, who is presently residing 1/4

in Scotland and she is on her family way. A separate affidavit dated 07.07.2023 is filed annexing the visa and travel itinerary. 4.

On perusing the affidavit of undertaking, the letter of the petitioner's daughter and the copy of the Visa, itinerary details and Maternity Certificate, this Court finds that the daughter of the petitioner, Anu Preethi Dorai Raj is expected to have baby during the first week of September 2023. To assist, the petitioner intends to go to Scotland and she has arranged her travel. She is likely to leave India on 26.07.2023 and return back on 27.10.2023. In the affidavit, the petitioner disclosed the above details, had also expressed that if necessary, she may extend her stay up to 15.01.2024, she is ready to abide by any condition imposed by this Court. 5.

Learned Special Public Prosecutor for CBI, on perusing the application as well as the documents annexed, submitted that the petition may be considered positively, provided the petitioner make herself present when the matter is taken up for final hearing, which is likely to be taken up in the due course soon. 6.

In the light of the above submission, the petition for relaxation is ordered on the following conditions:

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(i) The petitioner is granted leave of absence, to report before the trial Court, till November 2023;

(ii) she shall report before the trial Court, on the first working day of December 2023;

(iii) she is permitted to leave the Country to visit her daughter, who is presently residing at 0-2, 80, Stock Street, Paisley, PA2 6NH, United Kingdom and (iv) she shall return by the end of October 2023. 11.07.2023 AT Note: Issue order copy on 11.07.2023 3/4

Dr.G.JAYACHANDRAN,J.

AT Crl.M.P.No.9500 of 2023 in 11.07.2023 4/4