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Madras High CourtCRL MP/13649/2021modified

K.Karuppaiah v. The State Rep By

2021-12-16Honourable Mr Justice V. Bharathidasan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Thursday, the Sixteenth day of December Two Thousand Twenty One PRESENT The Hon`ble Mr Justice V. BHARATHIDASAN CRIMINAL MISCELLANEOUS PETITION No.13649 of 2021 IN CRL.A.No.901 of 2019 K.KARUPPAIAH [ PETITIONER / ACCUSED NO.6 ] Vs THE STATE REP BY [ RESPONDENT / COMPLAINANT ] THE INSEPCTOR OF POLICE, CBI/ACB/CHENNAI, SASTRI BHAVAN, NUNGAMBAKKAM, CHENNAI R.C.NO.35/A/2005 AND R.C.NO.36/A/2005 Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to relax the condition imposed on the petitioner in Crl.M.P.No.18832/2019 in Crl.A.No.901 of 2019 dated 20/12/2019 that the petitioner shall appear before the court on first working day of every month at 10.30 a.m., pending CRL.A.No.901 of 2019.

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.MUTHURAMALINGAM, Advocate for the Petitioner and of MR.K.SRINIVASAN, Special public Prosecutor for CBI Cases on behalf of the Respondent the court made the following order:- Earlier, this Court, by an order dated 20.12.2019, suspended the substantive sentence of imprisonment with a condition that the petitioner shall report before the learned II Additional District Judge for CBI Cases, Coimbatore, on the first working day of every month at 10.30 a.m. Now, to relax the said condition, the present petition has been filed.

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2. Today, when the matter is taken up for hearing, the learned counsel appearing for petitioner would submit that, the petitioner is complying with the condition regularly from the month of January 2020 and due to some medical complications, he is not in a position to appear and find it difficult to comply with the condition. Hence, he sought for relaxation of condition.

3. Considering the facts and circumstances and also considering the fact that the petitioner is regularly complying with the condition imposed by this Court, this Court is inclined to modify the condition to the effect that the petitioner shall report before the learned II Additional District Judge for CBI Cases, Coimbatore once in three months on the first working day at 10.30 a.m. commencing from 5th January 2022 until further orders.

-sd/- 16/12/2021 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 II ADDITIONAL DISTRICT JUDGE FOR CBI CASES, COIMBATORE.

2 THE INSEPCTOR OF POLICE, CBI/ACB/CHENNAI, SASTRI BHAVAN, NUNGAMBAKKAM, CHENNAI 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+1 C.C. to M/S.K.MUTHURAMALINGAM Advocate on payment of necessary charges SR.NO.14927 Order in CRL MP.13649/2021 in CRL A.901/2019 Date :16/12/2021 From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format JPA 20/12/2021 https://hcservices.ecourts.gov.in/hcservices/