Madras High CourtCRL MP/13894/2021relaxed

M.Varadharajulu, v. The State Rep By

2022-01-28Honourable Mr Justice V. Bharathidasan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Friday, the Twenty Eighth day of January Two Thousand Twenty Two PRESENT The Hon`ble Mr Justice V. BHARATHIDASAN CRIMINAL MISCELLANEOUS PETITION No.13894 of 2021 IN CRL A.576/2016 M.VARADHARAJULU [ PETITIONER/APPELLANT ] Vs THE STATE REP BY [RESPONDENT/COMPLAINANT ] THE INSPECTOR OF POLICE, SPE/CBI/ACB/CHENNAI, SHASTRI BHAVAN, CHENNAI-600 006.

Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to relax the condition directing the petitioner to appear before the Trail Court on the first working day once every three months vide order dated 28/07/2016 in Crl.M.P.NO.7907/2016 in Crl.A.No.576/2016. 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.N.RAMAKRISHNAN, Advocate for M/S WARAON AND SAI RAMS, 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 28.07.2016 in Crl.M.P.No.7907 of 2016 suspended the sentence with the condition that the petitioner shall report before the trial court on the first working day once in every three months at 10.30 a.m. Now, to relax the said condition, the present petition has been filed.

2. Today, when the matter taken up for hearing, learned counsel appearing for petitioner would submit that, the petitioner is now aged 81 years old and having serious health issues, and due to illhealth, he find it difficult to appear before the trial court as directed by this court once in three months. Hence, he sought for relaxation of condition.

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3. Learned Special Public Prosecutor appearing for respondent opposing the petition, submitted that the appeal is still pending, and it is necessary to find out the availability of the petitioner, the present condition was imposed. Hence, there is no reason to relax the condition.

4. Considering the age and health issues of the petitioner 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 appear before the trial court once in six months, commencing from 07.02.2022 at 10.30 a.m. and thereafter, on the first working day of every six months at 10.30 a.m. until further orders.

-sd/- 28/01/2022 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 VIII ADDITIONAL PRINCIPAL SPECIAL JUDGE FOR CBI CASES, CHENNAI.

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

3 THE INSPECTOR OF POLICE, SPE/CBI/ACB/CHENNAI, SHASTRI BHAVAN, CHENNAI-600 006.

C.C. to M/S WARAON AND SAI RAMS Advocate on payment of necessary charges Order in CRL MP.13894/2021 in CRL A.576/2016 Date :28/01/2022 From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format TA-01/02/2022 https://hcservices.ecourts.gov.in/hcservices/