Madras High CourtCRL OP/21177/2019relaxed

V.K.Elango v. The State Represented By

2019-08-14Honourable Mr Justice G.K. Ilanthiraiyan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.08.2019

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.21177 of 2019 V.K.Elango ... Petitioner Vs.

State represented by The Deputy Superintendent of Police, Economic Offences of Wing II Unit, Coimbatore.

... Respondent PRAYER: This Criminal Original petition has been filed under Section 483 of Criminal Procedure Code, to relax the condition imposed by the Special Court under TNPID Act cases, Coimbatore that the petitioner shall appear before the respondent police on every Monday at 10.30 a.m., until further orders in Crl.M.P.No.1549 of 2019 dated 19.06.2019.

For Petitioner : Mr.A.Mohamed Ismail For Respondent : Mrs.M.Prabhavathi Additional Public Prosecutor

O R D E R

This Criminal Original petition has been filed seeking relaxation of the bail condition imposed on the petitioner in C.M.P.No.1033/2019 on 29.04.2019 in CMP No.764 of 2019 by the learned Special Judge, Special Court Under TNPID Act Cases, Coimbatore.

2. The learned counsel for the petitioner submitted that the learned Special Judge, Special Court Under TNPID Act Cases, Coimbatore, while granting bail to the petitioner on 21.03.2019, imposed several conditions. Thereafter, the petitioner had filed a petition for relaxation in C.M.P.No.1033/2019 and the same was partly allowed by directing the petitioner to appear before the respondent police on every Monday at 10.30 a.m. until further orders. He further submitted that since the petitioner was not well, he filed a petition in CMP No.1549 of 2019 to relax the said condition. But the same was dismissed by an order dated 19.06.20. Hence, the present petition has been filed seeking for relaxation of the above condition.

https://hcservices.ecourts.gov.in/hcservices/

3. The learned Additional Public Prosecutor would submit that the petitioner is complying with the condition regularly. However, she opposed to relax the condition.

4. Heard Mr.A.Mohamed Ismail, learned counsel appearing for the petitioner and Mrs. M.Prabhavathi, learned Additional Public Prosecutor appearing for the respondent police.

5. It is seen that, the petitioner was granted bail by the learned Special Judge, Special Court under TNPID Act cases, Coimbatore by an order dated 21.03.2019 in C.M.P.No.764 of 2019 with certain conditions. Thereafter, the petitioner filed a petition for relation in C.M.P.No.1033/2019 and the same was partly allowed on 29.04.2019 on condition that "the petitioner shall appear before the respondent police on every Monday at 10.30 a.m., until further orders'' . Thereafter, the petitioner again filed a petition for relaxation and the same was dismissed by the Court below.

6. Considering the above submissions, the condition imposed by the learned Special Judge, Special Court under TNPID Act cases, Coimbatore in C.M.P.No.1033/2019 dated 29.04.2019 in CMP No.764 of 2019 is relaxed and the petitioner shall report before the respondent police as and when required for interrogation.

7. Accordingly, this Criminal Original petition is ordered. Sd/- Assistant Registrar(CCC) //True Copy// ksa-2 Sub Assistant Registrar To 1.The Special Judge, Special Court Under TNPID Act Cases, Coimbatore.

2.The Deputy Superintendent of Police, Economic Offences of Wing II Unit, Coimbatore.

3.The Public Prosecutor, Madras High Court.

Crl.O.P.No.21177 of 2019 NRL(CO) SSM(16/10/2019) https://hcservices.ecourts.gov.in/hcservices/