Sathyamary @ Padma v. State Rep By

P.N.PRAKASH, J.

and RMT.TEEKAA RAMAN, J.

ORDER

(Made by P.N.PRAKASH, J.) This criminal miscellaneous petition has been filed seeking a direction to modify the condition that the petitioner shall not leave Tamil Nadu without prior permission of the trial Court in Crl.M.P.No.7927 of 2022 in Crl.A.No.417 of 2022.

2.

The petitioner was granted suspension of sentence and bail in Crl.A.No.417 of 2021 on 03.02.2022 on certain conditions, one of which, is as under:

"11.(iii) She shall appear before the Special Court daily at 10.30 a.m. and sign until further orders."

3.

The aforesaid condition was subsequently modified by this Court on 05.07.2022 in Crl.M.P.No.7927 of 2022 as under:

"6.

In the interest of justice and to have a smooth trial of the case, this Court has imposed the above conditions, taking note of the fact that he has to undergo treatment, the condition of appearance before the Special Court alone is modified as under:

i. The Petitioner shall appear before the Special Court on every Monday at 10.30 a.m. and in case Monday being holiday, shall appear on the next working day of the week until further orders; ii. The Petitioner shall appear before the Trial Court on all hearing dates, as undertaken by her and shall not adopt any dilatory tactics to prolong the trial of the case;

iii. The Petitioner shall furnish her Mobile Number to the Trial Court and Police, which shall not be changed till conclusion of the trial, but, however, she is at liberty to changer her portability / serve provider;

iv. The Petitioner shall also produce a copy of the Aadhar Card to the Trial Court;

v. The Petitioner shall provide her present residential address to the Trial Court and Police forthwith and whenever, she changes her residence, it must be informed to the Trial Court and Police well in advance;

vi. The Petitioner shall not leave Tamil Nadu without prior permission of the Trial Court;"

4.

Now, the petitioner has filed the present petition for permission

to go to Hyderabad in Telangana State to visit his ailing father, who has been hospitalized.

5.

On instructions, the learned Additional Public Prosecutor submitted that the petitioner's father is indeed physically indisposed and hospitalized.

6.

However, we are not inclined to relax the said condition completely, inasmuch as, it is always open to the petitioner to approach the trial Court in terms of paragraph 6(vi) supra and seek permission to go to Telangana. When such an application is filed on the aforesaid ground, the same shall be dealt with by the learned trial Judge sympathetically. With the above observations and directions, this criminal miscellaneous petition stands closed.

(P.N.P.,J.) (T.K.R.,J.) 12.10.2022 nsd

P.N.PRAKASH, J.

and RMT.TEEKAA RAMAN, J.

nsd To 1.The Special Judge, Special Court under the POTA (Sessions Court for Exclusive Trial of Bomb Blast Cases) Poonamallee, Chennai.

2.The Deputy Superintendent of Police, Q Branch CID, Dharmapuri.

3.The Superintendent of Prison, Special Prison for Women, Puzhal, Chennai.

4.The Public Prosecutor, Madras High Court, Chennai - 600 104.

12.10.2022