N.Malathi v. State By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30.06.2025 CORAM :

THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY Dr.N.Malathi .. Petitioner in Crl.M.P.No.12404 of 2025 Narasimhan .. Petitioner in Crl.M.P.No.12408 of 2025 Vs.

State by:

The Deputy Superintendent of Police SPE/CBI/ACB Chennai.

(Crime No.RC No.5/A/2008) .. Respondent in both the Crl.M.P's.

PRAYER in both the Crl.M.Ps.: Criminal Miscellaneous Petitions filed under Section 438 (1) of BNSS to completely relax the condition imposed on the petitioner by this Court in Crl.M.P.Nos.13512 and 13519 of 2018 as further modified by order in Crl.M.P.No.12780 and 12784 of 2021 dated 08.12.2021, pending appeal in C.A.Nos.170 and 169 of 2018, on the file of this Court.

In Crl.M.P.No.12404 of 2025:

For the Petitioner : Mr.S.Shaib Fazil for Mr.S.Udhayakumar For the Respondent : Mr.N.Baaskaran Special Public Prosecutor for CBI In Crl.M.P.No.12408 of 2025:

For the Petitioner : Mr.A.Ashwinkumar For the Respondent : Mr.N.Baaskaran Special Public Prosecutor for CBI COMMON ORDER These miscellaneous petitions are filed to relax the condition requiring the petitioners to appear before the Trial Court on the first working day of every six months at 10.30 am, vide order of this Court dated 08.12.2021.

2. The condition was originally imposed at the time of suspending the sentence of the petitioners to appear before the Trial Court on the first Monday of every english calender month at 10.30 a.m.,which was later on modified as the petitioners to report before the Trial Court once in six

months on the first working day of the month at 10.30 am.

3. The petitioner - Narasimhan's physical condition is getting deteriorated and he is facing extreme difficulty even to visit the Trial Court once in six months and he could not even stand for a while without the help of the others. The medical records issued by the Dr.C.Selvakumar is relied by the learned counsel for the petitioner.

4. Further, the petitioner - Malathi, who is the wife of Narasimhan, the petitioner in Crl.M.P.No.12408 of 2025 is taking care of her husband and she is also a senior citizen.

5. In view thereof, the condition to appear before the Trial Court on the first working day of every six months shall stand completely relaxed in both the miscellaneous petitions. Accordingly, the miscellaneous petitions are ordered.

6. Considering the fact that the C.C., is of the year 2009, Registry is directed to list the main appeal for final hearing on 17.07.2025.

30.06.2025 Jer To 1.The XII Additional Special Judge XII Additional Special Judge for CBI Cases Chennai.

2.The Deputy Superintendent of Police SPE/CBI/ACB Chennai.

3.The Special Public Prosecutor High Court of Madras.

D.BHARATHA CHAKRAVARTHY, J.

Jer

30.06.2025