K.M.Noorjahan v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.12.2021

CORAM

THE HONOURABLE MR. JUSTICE V. BHARATHIDASAN, J. in Crl.A.No.3 of 2020 K.M.Noorjahan W/o. Abdul Gafoor @ C.A.Gafoor ...

Petitioner Vs.

The State Rep. by the Inspector of Police, CBI/ACB/Chennai, Shastri Bhavan, Chennai - 600 006.

...Respondent

Prayer : Criminal Original Petition filed under Section 482 Cr.P.C. to relax the condtion imposed by this Court under its order dated 08.01.2020 in Crl.M.P.No.45 of 2020 in Crl.A.No.3 of 2020 directing the petitioner to appear before the Trial Court on the 1st day of every English calendar month pending disposal of the above appeal. For Petitioner : Mr.N.Ramakrishnan for M/s.Waron and Sairam For Respondent : Mr.K.Srinivas Special Public Prosecutor

O R D E R

This petition has been filed to relax the condtion imposed by this Court vide order dated 08.01.2020 in Crl.M.P.No.45 of 2020 1/4

in Crl.A.No.3 of 2020 directing the petitioner to appear before the trial Court on the first working day of every English calendar month, pending disposal of the above appeal.

2. The counsel for the petitioner would submit that the petitioner's husband died on 13.04.2021. Being a lady, she is not in a position to appear before the trial Court every month. Hence, he seeks for relaxation of the condition imposed.

3. Mr.K.Srinivasan, learned Special Public Prosecutor appearing for the respondent-police would submit that the petitioner did not comply with the order passed by this Court dated 08.01.2020. Hence, the condition imposed by this Court need not be relaxed.

4. Considering the fact that the petitioner is a widow and having some health issues, the condition imposed as against the petitioner in Crl.M.P.No.45 of 2020 in Crl.A.No.3 of 2020 on 08.01.2020 is modified. However, the petitioner is directed to appear before the trial Court (XI Additional Principal Special Court, Chennai), 2/4

once in six months on the first working day starting from 04.01.2022, pending disposal of the above appeal. 5.

With the above directions, this Criminal Miscellaneous Petition is ordered.

03.12.2021 Index : Yes/No Internet : Yes/No rsi To 1.The XI Additional Principal Special Court, Chennai.

2.The Inspector of Police, CBI/ACB/Chennai, Shastri Bhavan, Chennai - 600 006.

3. The Public Prosecutor, High Court, Madras.

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V. BHARATHIDASAN, J.

rsi in Crl.A.No.3 of 2020 03.12.2021 4/4