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Madras High CourtCRL MP/13708/2019relaxed

Dhandapani Kumar @ D.Kumar, v. Inspector Of Police,

2019-09-25Honourable Mr Justice M. Nirmal Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Wednesday, the Twenty Fifth day of September Two Thousand Nineteen PRESENT The Hon`ble Mr Justice M. NIRMAL KUMAR CRIMINAL MISCELLANEOUS PETITION No.13708 of 2019 IN CRL A.391/2014 DHANDAPANI KUMAR @ D.KUMAR, [ PETITIONER/ACCUSED ] Vs INSPECTOR OF POLICE, [ RESPONDENT/COMPLAINANT ] ACB/CBI/CHENNAI.

Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to (I) To relax the condition imposed on the petitioner that the petitioner should report before the Learned XI Additional City Civil and Sessions Judge (CBI Cases, relating to Bank and Financial Institutions), Chennai, on the first working day of every month to 10.30 a.m until further orders in Crl.M.P.No.1 of 2014 in C.A.No.391 of 2014, by order dated 25.07.2014 till the disposal of the abovementioned Crl.A.No.391 of 2014.

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. R.C.PAUL KANAGARAJ, Advocate for the petitioner and of MR.K.SRIVIVASAN, Special Public Prosecutor for CBI-cases, on behalf of the Respondent, the court made the following order:- This petition is filed by the petitioner/A1 seeking to relax the condition imposed on him by this Court in Crl.M.P.No.1 of 2014 in Crl.A.No.391 of 2014, on 25.07.2014.

2. This Court, vide its order dated 25.07.2014 while suspending substantial sentence of imprisonment imposed on the petitioner pending disposal of the appeal, enlarged him on bail on one of the condition that the petitioner should report before the trial court once in every month on the first working day at 10.30 a.m., until further orders.

3. Learned counsel for the petitioner would contend that the petitioner had been complying with the above said condition regularly from the year 2014 without any default. It is further contended that the petitioner is a senior citizen and is affected with age related ailments, due to which, he find it difficult to comply with the condition further. Hence he seek for relaxation of the above said condition.

4. Learned Special Public Prosecutor, CBI Cases submits that the petitioner had been complying with the condition without any default from the year 2014.

5. Considering the submission of the learned counsel for the petitioner that the petitioner had been complying with the condition regularly, this Court is inclined to relax the condition imposed on the petitioner.

6. Accordingly, the condition that the petitioner shall report before the trial court on every first working day of that month at 10.30 a.m., is modified to the effect that the petitioner shall report before the trial court once in three months on every first working day of the month at 10.30 am. until further orders. -sd/- 25/09/2019 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 THE XI, ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, (CBI CASES RELATING TO BANKS AND FINANCIAL INSTITUTIONS) CHENNAI-1.

2 THE INSPECTOR OF POLICE, ACB/CBI/CHENNAI.

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

+1 C.C. to M/S. R.C.PAUL KANAGARAJ Advocate on payment of necessary charges SR.NO.19962 Order in CRL MP.13708/2019 in CRL A.391/2014 Date :25/09/2019 From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format TA-30/09/2019