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Madras High CourtCRL MP/9073/2019modified

P.Srinivasan v. State By

2019-07-12Honourable Mr Justice A.D.Jagadish Chandira2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Friday, the Twelfth day of July Two Thousand Nineteen PRESENT The Hon`ble Mr Justice A.D.JAGADISH CHANDIRA CRIMINAL MISCELLANEOUS PETITION NO.9073 OF 2019 IN CRIMINAL MISCELLANEOUS PETITION No.12841 OF 2017 IN CRL.A.NO.641 OF 2017 P.SRINIVASAN [ APPELLANT / ACCUSED ] Vs STATE BY [ RESPONDENT ] INSPECTOR OF POLICE, VIGILENCE AND ANTI CORRUPTION CELL, TRICHY.

(CR.NO.33 OF 2008) Petition praying that in the circumstances stated therein the High Court will be pleased to relax the conditions that shall report before the lower court (Chief Judicial Magistrate /Special Judge, Ariyalur) on every Monday of the English Calendar month until further orders imposed upon the petitioner in Crl.M.P.No.12841 of 2017 in C.A.No.641 OF 2017 dated 02/11/2017 Order : This petition coming on for orders upon perusing the petition and upon hearing the arguments of M/S.RAJASEKARAN R., Advocate for the petitioner and of MR.K.PRABAKAR, ADDITIONAL PUBLIC PROSECUTOR on behalf of the Respondents the court made the following order:- The above petition has been filed seeking to relax the condition imposed by this Court vide order dated 02.11.2017 made in Crl.MP.No.12841/2017 in Crl.A.No.641/2017.

The learned counsel for the petitioner would submit that the petitioner was unable to report before the Court below on an earlier occasion, i.e., on 08.07.2019, as he has been admitted in Rajiv Gandhi Government Hospital, Chennai, in Neuro Surgical Ward due to brain tumour and till date, he is undergoing treatment as an in-patient and the surgery date is yet to be fixed. He would also submit that the petitioner also filed a petition before the Court below to condone his absence on 08.07.2019 ; however, the Trial Court has not accepted the same.

Heard the learned Additional Public Prosecutor appearing for the respondent.

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The petition is ordered and the condition imposed by this Court vide order dated 02.11.2017 made in Crl.MP.No.12841/2017 in Crl.A.No.641/2017 is modified and the petitioner is directed to appear before the Trial Court once in four months during second Monday of the concerned English Calendar Month commencing from December 2019 pending appeal.

The absence of the petitioner before the Trial Court on 08.07.2019 is also condoned.

-sd/- 12/07/2019 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 CHIEF JUDICIAL MAGISTRATE/ SPECIAL JUDGE, ARIYALUR.

2 THE CHIEF JUDICIAL MAGISTRATE ARIYALUR [FOR INFORMATION] 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

4 THE INSPECTOR OF POLICE, VIGILENCE AND ANTI-CORRUPTION CELL, TRICHY.

+1C.C. to M/S.RAJASEKARAN R. Advocate on payment of necessary charges SR NO.14298 Order in CRL MP.9073/2019 in CRL.MP.12841/2017 in CRL.A.641/2017 Date :12/07/2019 From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format MK:24/07/2019 https://hcservices.ecourts.gov.in/hcservices/