Mohammed Abdul Khader v. The Senior Intelligence

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 07.08.2018

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI CRIMINAL ORIGINAL PETITION NO.19256 OF 2018 Mohamed Abdul Khader Ansari .. Petitioner /versus/ The Senior Intelligence Officer, Directorate of Revenue Intelligence, T.Nagar, Chennai 600 017.

.. Respondent This petition is filed under Section 439(1)(b) of Criminal Procedure Code praying to set aside the order dated 10.07.2018 in Crl.M.P.No.1843 of 2018 passed by the learned Additional Chief Metropolitan Magistrate, (EOI), Egmore, Chennai 600 008 and to relax the condition of appearance before the respondent totally.

For Petitioner : Mr.M.Abdul Nazeer For Respondent : Mr.N.P.Kumar, Spl.PP for(DRI Cases)

O R D E R

This Petition for modification of the bail condition imposed in Crl.M.P.No.1843 of 2018, dated 10.07.2018.

2. The learned counsel for the petitioner would submit that this Court, while granting bail to the petitioner imposed the condition that the petitioner shall report before the respondent/complainant weekly thrice i.e every Monday Wednesday and Friday at 10.30 a.m., without fail, until further orders. He would further submit that the petitioner appeared before the respondent continuously for 39 days without any default and the investigation is over and the petitioner's mother is a cancer patient and his father is also a sick person and also suffering from paralysis. Therefore, due to their illness, the petitioner is unable to attend his regular business as he has report before the respondent on all the alternative days. Hence, he seeks for https://hcservices.ecourts.gov.in/hcservices/

modification of condition "to appear before the respondent instead of appearing before the DRI officials, Hyderabad"

3. Heard the learned Special Public Prosecutor for DRI Cases.

4. Considering the submissions made by the learned counsel on either side, the condition imposed on the petitioner in Crl.M.P.No.1843 of 2018, dated 10.07.2018 is modified to the effect that "the petitioner is directed to appear before the Directorate of Revenue Intelligence(DRI officials), Hyderabad, on every Monday at 10.00 a.m, for a period of five weeks and thereafter as and when required for interrogation". Except the above said modification, the other conditions imposed on the petitioner shall remains unaltered.

5. Accordingly, this Criminal Original Petition is ordered. Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar ari To 1.

The Additional Chief Metropolitan Magistrate(EOI), Egmore, Chennai 600 008 2.

The Senior Intelligence Officer, Directorate of Revenue Intelligence, T-Nagar, Chennai-17 3.

Directorate of Revenue Intelligence (DRI officials), Hyderabad.

4.

The Special Public Prosecutor, for DRI Cases Chennai-104.

+1cc to Mr.M.Abdul Nazeer, Advocate, S.R.No.54693 Crl.O.P.No.19256 of 2018 NM(CO) CS/16/08/18 https://hcservices.ecourts.gov.in/hcservices/