R.Kannan v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Monday, the Twentieth day of December Two Thousand Twenty One PRESENT The Hon`ble Mr Justice V. BHARATHIDASAN CRIMINAL MISCELLANEOUS PETITION No.13783 of 2021 IN CRL A.411 of 2020 R.KANNAN [ PETITIONER / APPELLANT / ACCUSED NO.1 ] Vs STATE REP BY [ RESPONDENT / COMPLAINANT ] THE INSPECTOR OF POLICE, SPE/CBI/BS AND FC/BANGALORE (RC.NO.8(E)/2008) 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 in Crl.MP.6295/2020 in Crl.A.411/2020 that the petitioner should appear before the trial court on the first working day of every English Calendar Month at 10.30 a.m., until further orders till the disposal of the above Crl.A.411 of 2020.

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 A.V.SOMASUNDARAM, 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 15.10.2020 in Crl.M.P.No.6925 of 2020 suspended the sentence with the condition that the petitioner shall report before the learned XI Additional Sessions Judge (CBI Cases relating to Banks and Financial Institutions), Chennai on the first working day of every English Calender month at 10.30 a.m. until further orders. Now, to relax the said condition, the present petition has been filed.

2. Today, when the matter taken up for hearing, Mr.A.V.Somasundaram, learned counsel appearing for petitioner would submit that, pursuant to the order passed by this Court, the petitioner is complying with the condition for more than a year. Now, due to ill-health, he find it difficult to comply with the condition once in a month. Hence, he sought for relaxation of condition.

3. Mr.K.Srinivasan, learned Special Public Prosecutor appearing for respondent would content that the petitioner is complying with the condition for more than a year. Since the petitioner is arrayed as A1, and he is a main man involved in the occurrence, he strongly opposed to relax the condition.

4. Considering the facts and circumstances and also considering the fact that the petitioner is complying with the condition imposed by this Court for more than a year, this Court is inclined to modify the condition to the effect that the petitioner shall report before the learned XI Additional Sessions Judge (CBI Cases relating to Banks and Financial Institutions), Chennai once in three months, on the first working day of the month, at 10.30 a.m. starting from 05.01.2022 until further orders.

-sd/- 20/12/2021 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 XI ADDITIONAL SPECIAL JUDGE FOR CBI CASES, (RELATING TO BANKS AND FINANCIAL INSTITUTIONS), CHENNAI.

2 THE INSPECTOR OF POLICE, SPE/CBI/BS AND FC/BANGALORE (RC.NO.8(E)/2008)

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

+1 C.C. to M/S A.V.SOMASUNDARAM Advocate on payment of necessary charges SR.NO.15091 Order in CRL MP.13783/2021 in CRL A.411/2020 Date :20/12/2021 From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format JPA 21/12/2021