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Madras High CourtCRL MP/13408/2019modified

Siva v. State By

2019-09-18Honourable Mr Justice A.D.Jagadish Chandira2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Wednesday, the Eighteenth day of September Two Thousand Nineteen PRESENT The Hon`ble Mr Justice A.D.JAGADISH CHANDIRA CRIMINAL MISCELLANEOUS PETITION No.13408 of 2019 IN CRL.A.No.30 OF 2018 1 SIVA [ PETITIONER/APPELLANTS] 2 MUNIVEL 3 PREM KUMAR 4 VENKATESH 5 SANKAR Vs STATE BY [ RESPONDENT ] INSPECTOR OF POLICE, J.7, POLICE STATION, VELACHERY, CHENNAI-600 042.

CR.NO.3207/2015.

Petition praying that in the circumstances stated therein the High Court will be pleased to relax the condition imposed on the petitioners herein by this Honble Court in Crl.M.P.No.496/2018 in Crl.A.No.30/2018 by an order dated 30.01.2018 in directing the petitioners herein to appear before the concerned Magistrate viz the learned XVIII METROPOLITAN MAGISTRATE, saidapet, Chennai - 15 on the first working day of every Engilish Calendar month at 10.30 a.m until further orders.

Order : This petition coming on for orders upon perusing the petition and upon hearing the arguments of M/S.G.MOHANA KRISHNAN, Advocate for the petitioner and of MR. M.MOHAMED RIYAZ, ADDITIONAL PUBLIC PROSECUTOR 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/Accused vide order dated 30.01.2018 made in Crl.MP.No.496/2018 in Crl.A.No.30/2018. This Court, in its order dated 30.01.2018 had suspended the sentence imposed on the petitioner with a condition to report before the Trial Court at 10.30 a.m., on the first working day of every English Calendar Month pending appeal.

The learned counsel for the petitioners would submit that the petitioners have been strictly obeying the order of this Court till date without fail and would submit that in view of the condition imposed on them, they are not able to attend to their normal day to day avocation and not able to look after their family members and https://hcservices.ecourts.gov.in/hcservices/

would seek that the condition of appearing before the Trial Court on the first working day of every month, may be modified. Heard the learned Additional Public Prosecutor and the submissions made by the learned counsel for the petitioners. Having been satisfied with the reasons stated in the affidavit filed in support of the petition, the condition imposed vide order dated 30.01.2018, is hereby modified and the petitioners shall appear before the Trial Court once in three months commencing from the first working day of October 2019, pending Appeal. The petition is ordered accordingly.

-sd/- 18/09/2019 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 XVIII METROPOLITAN MAGISTRATE, SAIDAPET, CHENNAI-15.

2 THE CHIEF METROPOLITAN MAGISTRATE, EGMORE, CHENNAI(FOR INFORMATION) 3 THE PUBLIC PROSECUTOR,HIGH COURT, MADRAS. 4 INSPECTOR OF POLICE, J.7, POLICE STATION, VELACHERY, CHENNAI-600 042.

5 THE XVIII ADDITIONAL SESSIONS JUDGE, CHENNAI C.C. to M/S.G.MOHANA KRISHNAN Advocate on payment of necessary charges SR.NO.19423 Order in CRL MP.13408/2019 IN CRL.A.No.30 OF 2018 Date :18/09/2019 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/ RVR 25/09/2019