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Madras High CourtCRL MP/15314/2019relaxed

Vijaya Ragavan v. Union Of India,

2019-10-25Honourable Mr Justice M. Nirmal Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Friday, the Twenty Fifth day of October Two Thousand Nineteen PRESENT The Hon`ble Mr Justice M. NIRMAL KUMAR CRIMINAL MISCELLANEOUS PETITION No.15314 of 2019 IN CRL A.828/2016 VIJAYA RAGAVAN [ PETITIONER ] Vs UNION OF INDIA, [ RESPONDENT ] REP. BY THE INSPECTOR OF POLICE, CBI/EOW/CHENNAI Petition praying that in the circumstances stated therein the High Court will be pleased to relax the condition The petitioner shall appear before the trial on alternative months on the first working day of concerned month at 10.30 am until further orders imposed on the petitioner in Crl.M.P.No.14192/2018 in Crl.A.No.828/2016 pending appeal.[CRL.MP.NO.15314/2019] Order : This petition coming on for orders upon perusing the petition and upon hearing the arguments of M/S.K.P.ANANTHA KRISHNA, Advocate for the petitioner and of MR.K.

SRINIVASAN additional public prosecutor for CBI Cases on behalf of the Respondent the court made the following order:- This petition is filed by the petitioner/A2 seeking to relax the condition imposed on him by this Court in Crl.M.P.No.14194 of 2016 in Crl.A.No.828 of 2016, on 02.01.2017.

2. This Court, vide its order dated 02.01.2017 in Crl.M.P.No.13446 of 2016, 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 on the first working day of every month at 10.30 a.m. Thereafter, the said condition was modified by order of this Court dated 13.10.2018 made in Crl.M.P.No.14194 of 2018 to the effect that he shall report before the trial court on alternative months on the first working day of concerned month at 10.30 am until further orders commencing from December 2018.

3. Learned counsel for the petitioner would contend that the petitioner had been complying with the above said condition regularly

from December 2018 without fail. It is further contended that the petitioner is a senior citizen and is affected with various 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 December 2018.

5. Considering the submissions 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 alternative months on the first working day of concerned month at 10.30 am until further orders 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 concerned month at 10.30 am. until further orders.

-sd/- 25/10/2019 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 SPECIAL JUDGE,FOR CBI CASES, CHENNAI 2 THE SUPERINTENDENT, CENTRAL PRISON,PUZHAL,CHENNAI 3 THE SPECIAL PUBLIC PROSECUTOR FOR CBI CASES,HIGH COURT,MADRAS 4 UNION OF INDIA, REP. BY THE INSPECTOR OF POLICE, CBI/EOW/CHENNAI

+1 C.C. to M/S.K.P.ANANTHA KRISHNA Advocate on payment of necessary charges SR.NO. 22258 Order in CRL MP.15314/2019 in CRL A.828/2016 Date :25/10/2019 From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format RD 07/11/2019