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Madras High CourtCRL MP/11725/2019ordered

R.Arivudainambi v. State Represented By

2019-08-21Honourable Mr Justice A.D.Jagadish Chandira2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Wednesday, the Twenty First day of August Two Thousand Nineteen PRESENT The Hon`ble Mr Justice A.D.JAGADISH CHANDIRA CRIMINAL MISCELLANEOUS PETITION No.11725 of 2019 IN CRL.A.NO.207 of 2019 1 R.ARIVUDAINAMBI [ PETITIONERS/APPELLANTS ] 2 A.SATHIYAVANI Vs STATE REPRESENTED BY [RESPONDENT/COMPLAINANT ] THE INSPECTOR OF POLICE, SPE.CBI.ACB. CHENNAI.

IN RC-52(A) 04 OF CBI/ACB/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 made pending appeal vide in Crl.M.P.No.5091 of 2019 in Crl.A.207 of 2019 order dated 10.04.2019, "that they shall appear before the said court on the first working day of every month at 10.30 a.m.

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.SHANKER, Advocate for the petitioner, and of MR.K.SRIVIVASAN, Spl. Public Prosecutor for CBI-cases, on behalf of the Respondent, the court made the following order:- The above petition is filed seeking to relax the condition imposed by this Court on the petitioners vide order dated 10.04.2019 made in Crl.MP.No.5091/2019 in Crl.A.No.207/2019. This, Court in its order dated 10.04.2019, has suspended the sentence imposed on the petitioners with a direction to report before the trial Court, on 10.30 am, on the first working day of every English Calendar month pending appeal. The learned counsel for the petitioners would submit that the petitioners are senior citizens and that they are facing several health issues and that they have been regularly complying with the condition. Due to old age and medical aliments they are unable to appear every month and that they would seek relaxation of the condition.

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The learned Special Public Prosecutor [CBI Cases] would object stating that they have been granted bail very recently and that they have appeared before the Trial Court four times only. Taking into consideration the age and health condition of the petitioners, the condition imposed vide order dated 10.04.2019, is hereby modified and the petitioners shall appear before the Trial Court on 03.09.2019 and thereafter, the petitioners shall appear before the Trial Court once in three months on the first working day of the particular month at 10.30 a.m., pending appeal. The petition is ordered accordingly.

-sd/- 21/08/2019 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 IX ADDITIONAL SPECIAL JUDGE FOR CBI CASES, CHENNAI-104.

2 THE INSPECTOR OF POLICE, SPE.CBI.ACB. CHENNAI.

3 THE SPECIAL PUBLIC PROSECUTOR FOR CBI CASES HIGH COURT, MADRAS.

+1 C.C. to M/S.K.SHANKER Advocate on payment of necessary charges SR.NO.17366 Order in CRL MP.11725/2019 IN CRL.A.NO.207/2019 Date :21/08/2019 From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format https://hcservices.ecourts.gov.in/hcservices/ TA-26/08/2019