K.Subramaniam v. State By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction ) Tuesday, the Sixteenth day of November Two Thousand Twenty One PRESENT The Hon`ble Mr Justice V. BHARATHIDASAN CRIMINAL MISCELLANEOUS PETITION No.11575 of 2021 IN CRL.A.NO.396/2019 K.SUBRAMANIAM [ PETITIONER/APPELLANT/ACCUSED NO.12 ] Vs STATE BY [ RESPONDENT/COMPLAINANT ] THE INSPECTOR OF POLICE, CBI/EOW, RAJAJI BHAVAN, CHENNAI.
Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to relax the condition order in Crl.M.P.No.8636 of 2019 in Crl.A. No. 396 of 2019 dated 02.07.2019 that the petitioner/appellant/A-12 shall report before the trial court on the first working day of every English calendar Month at 10.30am. pending appel and pass such further or other orders.
Order : This petition coming on for orders upon perusing the petition and the filed in support thereof and upon hearing the arguments of M/S. K.KANNAN, Advocate for the petitioner and of K.SRINIVASAN SPECIAL PUBLIC PROSECUTOR FOR CBI CASES on behalf of the Respondents the court made the following order:- This court, by order dated 02.07.2019 in Crl.M.P.No.8636 of 2019, suspended the substantive sentence imposed on the petitioner/appellant and enlarged him on bail on conditions that he should execute a bond for a sum of Rs.50,000/- with two sureties each for a like sum to the satisfaction of the Special Judge for CBI Cases, VIII Additional City Civil Court, Chennai and on further condition that on his release from the prison , he should report before the trial court on the first working day of every English calendar month at 10.30 a.m. pending criminal appeal. Seeking to relax the condition directing the petitioner to report before the trial court every 1st working day of
the English calendar month, the petitioner has come up with this miscellaneous petition.
2. Heard both sides and also perused the records carefully.
3. The learned counsel for the petitioner submitted that the petitioner is 83 years old and he is not in a position to appear before the trial court every month and therefore, he prayed this court to relax the condition.
4. Considering the submissions made by the learned counsel for the petitioner and the other circumstances of the case, more particularly, considering the old age of the petitioner, instead of relaxing the condition imposed on the petitioner totally, this court is inclined to modify the same to the effect that the petitioner shall report before the trial court at 10.30 a.m. on 1st working day once in three months without fail commencing from 1st December, 2021. In the result, this criminal miscellaneous petition is allowed with the above modification.
-sd/- 16/11/2021 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 PRINCIPAL SPECIAL JUDGE FOR CBI CASE VIII ADDITIONAL CITY CIVIL COURT, CHENNAI 2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
3 THE INSPECTOR OF POLICE, CENTRAL BUREAU OF INVESTIGATION / ECONOMIC OFFENCE WING, RAJAJI BHAVAN, CHENNAI.
+1 C.C. to M/S. K.KANNAN Advocate on payment of necessary charges SR.No.12878 Order in CRL MP.11575/2021 in CRL.A.NO.396/2019 Date :16/11/2021 From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format APN 18/11/2021