K.Sankara Kumar v. State Rep. By

Crl.M.P.No.13390 of 2024 in Crl.A.No.869 of 2019 Crl.M.P.No.13390 of 2024 in Crl.A.No.869 of 2019 N.SESHASAYEE, J.

The sentence imposed on the petitioner has been suspended on certain conditions, and one of the conditions is that he has to appear before the trial Court on the first working day of every English Calendar month. 2.Mr.K.Srinivasan, the learned Special Public Prosecutor submits that as per his instructions, the appellant / petitioner herein has not appeared atleast twice in 2021 and twice in 2022. Now he has not appeared twice in 2024, but then that was due to certain medical conditions vis-a-vis his spondylitis , which the petitioner suffers from.

3.His absence in 2021 can be discounted against COVID days, whereas, his absence in 2022 is not adequately explained. However, without probing further, this Court deems it appropriate to modify the condition and directs the petitioner to appear before the trial Court once in every three (3)months, N.SESHASAYEE, J.

1/2 https://www.mhc.tn.gov.in/judis

Crl.M.P.No.13390 of 2024 in Crl.A.No.869 of 2019 kas commencing from 01.11.2024. The petitioner is directed to comply with this condition stringently, and in case due to certain medical conditions when he is not able to appear, then he must move necessary application before the trial Court citing the reason along with any medical report that may help him to get the leave of the Court.

4.This petition stands modified accordingly.

26.09.2024 Crl.M.P.No.13390 of 2024 in Crl.A.No.869 of 2019 2/2 https://www.mhc.tn.gov.in/judis