← Library
Madras High CourtCRL MP/11669/2019modified

Sudhakaran Nair v. M/S. Arjunamaravathi Chits Pvt. Ltd.,

2019-09-09Honourable Mr Justice A.D.Jagadish Chandira2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Monday, the Ninth day of September Two Thousand Nineteen PRESENT The Hon`ble Mr Justice A.D.JAGADISH CHANDIRA CRIMINAL MISCELLANEOUS PETITION No.11669 of 2019 IN CRL.RC.NO.1128/2018 SUDHAKARAN NAIR [ PETITIONER ] Vs M/S. ARJUNAMARAVATHI CHITS PVT.LTD., [ RESPONDENT ] BY ITS AUTHORIZED SIGNATORY MR. T.BHUVARAGHAMURTHY.

Petition praying that in the circumstances stated therein the High Court will be pleased to relax the bail condition imposed upon the petitioner by this Honourable Court on 04.10.2018 that the petitioner shall appear before the Learned Metropolitan Magistrate, Fast Track Court No.IV, George Town, Chennai on the first working day of every month at 10.30 A.M. In Crl.MP.No.13156/2018 in Crl.R.C.No.1128/2018 pending revision.[CRL.MP.NO.11669/2019] Order : This petition coming on for orders upon perusing the petition and upon hearing the arguments of M/S. P.UMA, Advocate for the petitioner the court made the following order:- The above petition is filed seeking to relax the bail condition imposed by this Court on the petitioner vide order dated 04.10.2018 made in Crl.MP.No.13156/2018 in Crl.RC.No.1128/2018. This, Court in its order dated 04.

10.2018, has suspended the sentence imposed on the petitioner with a direction to the petitioner to report before the Metropolitan Magistrate, Fast Track Court NO.IV, George Town, Chennai at 10.30 am, on the first working day of every month pending the revision.

The learned counsel for the petitioner would submit that the Petitioner was on bail during the trial and attended all the hearings. He would further submit that the petitioner's wife is a heart patient and she is completely under the petitioner's direct care and protection and in his absence nobody could be able to take care of her and he is also facing severe health problem after major accident and is having urinary problem and that he being a resident of Kerela State, he is no able to travel long distance and to appear before the concerned Court every month and thereby, he would seek for modification of condition imposed on him. He would also further https://hcservices.ecourts.gov.in/hcservices/

submit that the petitioner would appear before the trial Court on the first working day of the coming month.

The learned Additional Public Prosecutor would oppose the same and submit that the calender case of the year 2011 and that more than 8 years, the matter is pending.

Taking into consideration the submissions made by both counsel, the condition imposed vide order dated 04.10.2018, is hereby modified and the petitioner shall appear before the Trial Court on the first working day of October 2019 i.e. on 01.10.2019 and thereafter, shall appear once in three months on the first working day of the concerned month at 10.30 a.m., before the Court concerned, pending Appeal.

The petition is ordered accordingly. The Registry is directed to post the matter for final hearing after the records are ready during first week of November-2019.

-sd/- 09/09/2019 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 METROPOLITAN MAGISTRATE, FAST TRACK COURT NO.IV, GEORGE TOWN,CHENNAI 2 THE CHIEF METROPOLITAN MAGISTRATE,EGMORE[FOR INFORMATION] +1 C.C. to M/S. P.UMA Advocate on payment of necessary charges SR.NO. 18895 Order in CRL MP.11669/2019 IN CRL.RC.NO.1128/2018 Date :09/09/2019 From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format RD 16/09/2019 https://hcservices.ecourts.gov.in/hcservices/