Madras High CourtCRL MP/14401/2021modified

A.Syed Farouk v. The State Represented By

2022-01-10Honourable Mr Justice V. Bharathidasan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Monday, the Tenth day of January Two Thousand Twenty Two PRESENT The Hon`ble Mr Justice V. BHARATHIDASAN CRIMINAL MISCELLANEOUS PETITION No.14401 of 2021 in Crl.A.56 of 2021 A.SYED FAROUK [ PETITIONER ] Vs THE STATE REPRESENTED BY [ RESPONDENT ] INSPECTOR OF POLICE, SPE/CBI/ACB/CHENNAI.

(RC-MA-1-2002A-0020) Petition praying that in the circumstances stated therein the High Court will be pleased to relax the condition imposed of the order dated 15.02.2021 passed in the above Crl.M.P.No.1272 of 2021 in Crl.A.56 of 2021 against C.C.No.2 of 2018. the petitioner humbly submit that they are complying with the condition imposed by this Hon`ble Court by signing on the every first day of the calendar month at Learned II Additional District Judge, CBI cases Coimbatore, for the past 10 months and pass further suitable orders. Order : This petition coming on for orders upon perusing the petition and upon hearing the arguments of M/S.S.VENKATESH, Advocate for the petitioner and of M/S K.SRINIVASAN, SPECIAL PUBLIC PROSECUTOR FOR CBI CASES, on behalf of the Respondent the court made the following order:- This Court by an order dated 15.02.2021 suspended the sentence with a condition that the petitioner shall appear on the every first working day of the month before the learned II Additional District Judge for C.B.I. Cases, Coimbatore at 10.30 a.m until further orders.

2. It is submitted by learned counsel appearing for petitioner that the petitioner is complying the condition regularly for more than one year. Now, the petitioner was diagnosed cancer in his left lungs, he has undergone surgery and he is under treatment. Hence, he is not in a position to appear before the learned II Additional District Judge for C.B.I. Cases, Coimbatore. He would also submit that as the petitioner requires bed rest for atleast three months and https://hcservices.ecourts.gov.in/hcservices/

he is aged about 70 years. Hence, he finds it difficult to appear before the trial Court. Therefore, the petitioner has filed this petition to relax the condition.

3. Considering the facts and circumstances and also considering the fact that the petitioner is complying the condition for nearly a year, this Court is inclined to modify the condition that the petitioner shall appear before the trial court on the first working day once in six months beginning from 01.03.2022 at 10.30 a.m. until further orders.

-sd/- 10/01/2022 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 II ADDITIONAL DISTRICT JUDGE (CBI CASES), COIMBATORE.

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

3 INSPECTOR OF POLICE, SPE/CBI/ACB/CHENNAI.

C.C. to M/S.S.VENKATESH Advocate on payment of necessary charges SR.432 Order in CRL MP.14401/2021 in Crl.A.56 of 2021 Date :10/01/2022 From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format RVR 11/01/2022 https://hcservices.ecourts.gov.in/hcservices/