S.Arumugam v. State By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Thursday, the Twenty First day of November Two Thousand Nineteen PRESENT The Hon`ble Mr Justice M. NIRMAL KUMAR CRIMINAL MISCELLANEOUS PETITION No.17100 of 2019 IN CRL.A.NO.764 of 2017 1 S.ARUMUGAM [ PETITIONERS ] 2 VALLIAMMAL 3 MEENAKSHI SUNDARAM Vs STATE BY [ RESPONDENT ] THE ADDITIONAL SUPERINTENDENT OF POLICE, CENTRAL BUREAU OF INVESTIGATION, ANTI CORRUPTION BRANCH, HADDOWS ROAD, CHENNAI-600 006.

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 of appearing before the 14th Additional Special Judge for CBI Cases once in three months passed in order dated 15.02.2019 passed in Crl.M.P.No.2399 of 2019 in Crl.A.No.764 of 2017.

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.V.S.VENKATESH, 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 praying to relax the condition of appearing, before the learned XIV Additional Special Judge for CBI Cases once in three months, passed in Crl.M.P.No.2399 of 2019 dated 15.02.2019.

2. The petitioners filed a petition in Crl.M.P.No.15356 of 2017 seeking suspension of sentence and this Court had suspended the sentence on condition that (i) each of the petitioners shall execute a bond for a sum of Rs.10,000/- with two sureties each for a like sum

to the satisfaction of the learned XIV Additional Special Judge for CBI Cases, City Civil Court, Chennai, (ii) the petitioners shall appear before the above said Court on the first working day of every English Calendar month at 10.30 am until further orders. Thereafter, they have filed a petition in Crl.M.P.No.6209 of 2018 to relax the condition imposed on them and this Court had also relaxed the condition in respect of the second petitioner namely Valliammal and dismissed the petition as against the first petitioner. Subsequently, a petition in Crl.M.P.No.2399 of 2019 is filed seeking for total relaxation of the conditions imposed on the petitioners. This Court after considering all the circumstances, had dismissed the plea regarding the second petitioner and the relaxed the condition imposed on the first petitioner.

3. At this juncture, the petitioners have filed the present petition seeking relaxation of the conditions imposed on them in Crl.MP.No.2399 of 2019 in Crl.A.No.764 of 2017.

4. Considering the facts and circumstances, conditions imposed on the second petitioner alone is totally relaxed. It is made clear that the condition imposed on the first petitioner in Crl.MP.No.2399 of 2019 in Crl.A.No.764 of 2017 shall continue.

5. Accordingly, the Criminal Miscellaneous Petition stands disposed of.

-sd/- 21/11/2019 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 XIV ADDITIONAL SPECIAL JUDGE FOR CBI CASES, CITY CIVIL COURT, CHENNAI.

2 THE ADDITIONAL SUPERINTENDENT OF POLICE, CENTRAL BUREAU OF INVESTIGATION, ANTI CORRUPTION BRANCH, HADDOWS ROAD, CHENNAI-6.

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

+1 C.C. to M/S. V.S.VENKATESH Advocate on payment of necessary charges SR.NO.23971 Order in CRL MP.17100/2019 in CRL.A.NO.764/2017 Date :21/11/2019 From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format TA-06/12/2019