K.Venkatesan v. State Rep.By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction ) Tuesday, the Twenty Second day of October Two Thousand Nineteen PRESENT The Hon`ble Mr Justice M. NIRMAL KUMAR CRIMINAL MISCELLANEOUS PETITION NO.14989 OF 2019 IN CRL.A.NO.364 OF 2019 K.VENKATESAN [ PETITIONER / APPELLANT ] Vs STATE REP.BY [ RESPONDENT ] INSPECTOR OF POLICE, CBI/SPE/EOW CHENNAI.R.C.NO.10(E)/96.
Petition praying that in the circumstances stated therein the High Court will be pleased to totally relax the condition imposed to the petitioner that he should appear before the trial court on the first working day of every English Calendar month at 10.30 am starting from the first working day of October 2019 in Crl.M.P.No.8030/2019 in CRL.A.364/2019 in order dated 24/06/2019 Order : This petition coming on for orders upon perusing the petition and upon hearing the arguments of M/S. G.RAMADHEVI, Advocate for the petitioner and of MR.K.SRINIVASAN SPECIAL PUBLIC PROSECUTOR FOR CBI CASES on behalf of the Respondent the court made the following order:- This petition is filed seeking relaxation of condition imposed on the petitioner that he should appear before the trial court on the first working day of every month at 10.30 a.m., commencing from the first working day of October 2019 in Crl.M.P.No.8030 of 2019 in the above appeal.
2. This Court, by its order dated 24.6.2019 has suspended the substantive sentence of imprisonment imposed on the petitioner by the trial Court. While suspending the sentence of imprisonment, this court taking into consideration the health condition of the petitioner, gave him exemption from reporting before the trial court for a period of three months and directed the petitioner to report before the trial court on the first working day of every month at 10.30 a.m, commencing from October 2019. .
3. Learned counsel for the petitioner submitted that the petitioner had appeared before the trial court on 1.10.2019. He would further submit that the petitioner's health condition is further deteriorated and recently on 9.10.2019, he was advised to take pet scan and thereafter the Doctor had reviewed his health condition on 10.10.2019 and as per the Doctor's observation, the petitioner's health condition is further deteriorated and he was advised to take further treatment with Chemotherapy followed by complete bed rest. He was further advised not to travel even for a short distance or to expose himself to any outside environment in order to avoid any further infection. In support of his submission, learned counsel for the petitioner also produced the medical certificates, scan report and medical opinion of the Doctor.
4. Heard the learned counsel appearing for the petitioner and learned Special Public Prosecutor for CBI Cases appearing for the respondent and perused the medical records produced in respect of petition's health condition.
5. Considering the health condition of the petitioner which requires further medication followed by complete bed rest, this Court is inclined to modify the condition imposed on the petitioner on 24.6.2019 in Crl.M.p.No.8030 of 2019 and directs the petitioner to appear before the trial court once in three months on first working day of that month at 10.30 a.m., commencing from January 2020 until further orders. -sd/- 22/10/2019 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 PRINCIPAL SPECIAL JUDGE FOR CBI CASES, VIII ADDITIONAL CITY CIVIL COURT, CHENNAI.
2 THE SPECIAL PUBLIC PROSECUTOR FOR CBI CASES, HIGH COURT, MADRAS.
3 THE INSPECTOR OF POLICE, CBI/SPE/EOW, CHENNAI.
+1C.C. to G.RAMADHEVI Advocate on payment of necessary charges SR NO.21676 Order in CRL MP.14989/2019 in CRL A.364/2019 Date :22/10/2019 From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format MK:23/10/2019