K.Madhamanickam v. State Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Wednesday, the Thirteenth day of November Two Thousand Nineteen PRESENT The Hon`ble Mr Justice M. NIRMAL KUMAR CRIMINAL MISCELLANEOUS PETITION No.16045 of 2019 IN CRL A.300/2017 K.MADHAMANICKAM [ PETITIONER ] Vs STATE OF TAMIL NADU [ RESPONDENT ] REPRESENTED BY DEPUTY SUPERINTENDENT OF POLICE, VIGILANCE AND ANTI-CORRUPTION, SALEM, CR.NO.2/AC/2000.

Petition praying that in the circumstances stated therein the High Court will be pleased to relax the condition in Crl.MP.17195 of 2018 in CA No.300 of 2017 dated 17.12.2018 that the petitioner shall appear before the concerned court once in three month on the first working day of every month at 10.30 AM until further orders Order : This petition coming on for orders upon perusing the petition and upon hearing the arguments of M/S. M.DEVARAJ, Advocate for the petitioner and of MRS.M.PRABHAVATHI ADDL.PUBLIC PROSECUTOR on behalf of the Respondent the court made the following order:- This petition is filed to relax the condition in Crl.M.P.No.17195 of 2018 in C.A.No.300 of 2017 dated 17.12.2018 that the petitioner shall appear before the concerned court once in three months on the first working day of every month at 10.30 a.m., until further orders.

2. The petitioner was convicted by the trial Court by judgment dated 23.5.2017 against which, he had preferred an appeal in C.A.No.300 of 2017 before this Court. He had also filed a petition for suspension of sentence in Crl.M.P.No.7076 of 2017, wherein, this Court had suspended the substantive sentence of imprisonment imposed on him on 9.6.2017 and he was enlarged on bail on one of the condition that the petitioner shall report before the trial Court on the first working day of every month at 10.30 a.m. until further orders. Thereafter, taking into consideration the health condition of the petitioner the said condition was modified that the petitioner shall appear before the trial court once in three months on the first working day at 10.30 a.m..

3. Learned counsel for the petitioner submits that the petitioner is aged about 67 years and was suffering from various health ailments and finding it difficult to comply with the condition.

4. Learned Addl. Public Prosecutor submits that the petitioner had been complying with the condition regularly and the above facts are not disputed.

5. In view of the submissions made on either side and taking into consideration the age of the petitioner and his age related ailments, this court is inclined to modify the condition imposed on the petitioner.

6. Accordingly, the condition imposed on the petitioner by this Court that the petitioner shall appear before the trial court once in three months on every first working day of that month at 10.30 a.m., is hereby modified to the effect that he shall appear before the trial court once in six months on every first working day of that month at 10.30 a.m.until further orders.

7. The petition is ordered accordingly with the above modification.

-sd/- 13/11/2019 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 SPECIAL JUDGE, SPECIAL COURT FOR TRIAL CASES UNDER THE PREVENTION OF CORRUPTION ACT]SALEM 2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

3 THE DEPUTY SUPERINTENDENT OF POLICE, VIGILANCE AND ANTI-CORRUPTION, SALEM,

+1 C.C. to M/S. M.DEVARAJ Advocate on payment of necessary charges SR.NO. 23514 Order in CRL MP.16045/2019 in CRL A.300/2017 Date :13/11/2019 From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format RD 21/11/2019