B.R.Badrinath v. State Rep.By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction ) Thursday, the Eighteenth day of November Two Thousand Twenty One PRESENT The Hon`ble Mr Justice V. BHARATHIDASAN CRIMINAL MISCELLANEOUS PETITION No.11864 of 2021 IN CRL.A.NO.749 of 2015 B.R.BADRINATH [ PETITIONER/APPELLANT ] Vs STATE REP.BY [ RESPONDENT ] THE INSPECTOR OF POLICE, CENTRAL BUREAU INVESTIGATION, CBI / ACB, CHENNAI.
Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to condone the absence of the petitioner on 01/06/2021 before the Hon'ble XI Additional Special Court for CBI Cases pursuant to the order of this Hon'ble Court dated 26/03/2021 made in Crl.M.P.No3679 of 2021 in Crl.A.No.749 of 2015 and permitted the petitioner to appear before Hon'ble XI Additional Special Court for CBI Cases and pass such orders or other orders as deemed fit and necessary in the facts and circumstances stated above CRL.MP.NO.11864/2021 INCRL.A.NO.749 of 2015.
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.G.KRISHNAKUMAR, Advocate for the Petitioner and of MR.K.SRINIVASAN,Special Public Prosecutor on behalf of the Respondent the court made the following order:- This petition has been filed to condone the absence of the petitioner on 01.06.2021 before the XI Additional Special Court for CBI cases pursuant to the order of this Court dated 26.03.2021 made in Crl.M.P.No.3679 of 2021 in Crl.A.No.749 of 2015 and permitted the petitioner to appear before the above special Court.
2. Earlier, this Court, by an order dated 26.03.2021 modified the earlier condition imposed on him and directed him to appear before the Trial Court once in six months on the first working day of every month, starting from the month of June 2021. Since the petitioner could not appear before this Court on the first working day of June 2021, the present application has been filed to condone his absence. .
3. The learned counsel for the petitioner submitted that the petitioner is residing at Bangalore and due to Covid-19 pandemic situation, he could not appear before the trial Court as directed by this Court and now, he is ready and willing to appear before the trial Court at any date.
4. The learned Special Government Pleader appearing for the respondent opposed the application stating that even though the petitioner was directed to appear in the first working day of June 2021, he did not appear. However, after four moths , the present petition has been filed. The reason stated by the petitioner for his non appearance cannot be taken as bonafide.
5. This Court considered the submissions made on either side and perused the materials available on records carefully.
6. Considering the fact that the petitioner is residing at Bangalore and due to Covid-19 pandemic, he could not appear before the Trial Court on the first working day of June 2021, this Court is inclined to condone the absence of the petitioner.
7. Accordingly, this Criminal Miscellaneous Petition is allowed and the petitioner is directed to appear before the Trial Court on 01.12.2021. and thereafter, continue to appear before the Trial Court once in six months on the first working day.
-sd/- 18/11/2021 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 XI ADDITIONAL SPECIAL JUDGE, (CBI CASES), CHENNAI.
2 THE SPECIAL PUBLIC PROSECUTOR FOR CBI CASES, HIGH COURT, MADRAS.
3 THE INSPECTOR OF POLICE, CENTRAL BUREAU INVESTIGATION, CBI / ACB, CHENNAI.
4 THE OFFICER INCHARGE, CBI BS & FB, NO.36, BELLARY ROAD, GANGA NAGAR, BENGALURU, KARNATAKA. PIN 560 O32.
C.C. to M/S.G.KRISHNAKUMAR Advocate on payment of necessary charges Order in CRL MP.11864/2021 in CRL.A.749/2015 Date :23/11/2021 From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format CSK 25/11/2021