Khaja Mohaideen v. Union Of India

S.S.SUNDAR, J.

and SUNDER MOHAN, J.

(Order of the Court was made by SUNDER MOHAN, J.) The petitioner seeks relaxation of the condition imposed by this Court directing him to appear before the Special Court under the National Investigation Agency Act, 2008 (Sessions Court for Exclusive Trial of Bomb Blast Cases), Chennai at Poonamalle, Chennai, everyday at 10.00 a.m., on the ground that he has to take treatment and undergo surgery.

2. Learned Additional Solicitor General appearing for the learned Special Public Prosecutor (NIA Cases) on instructions submits that the condition can be modified to the effect that the petitioner should appear once in 15 days before the Special Court.

3. Learned counsel for the petitioner submitted that the petitioner was advised to take two weeks rest after surgery.

4. In view of the same, we are inclined to pass the following order:

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(i) The condition imposed by this Court directing the petitioner to appear before the Special Court every day at 10.00 a.m. is modified to the effect that the petitioner shall appear before the Special Court once in 15 days at 10.00 a.m.(i.e.,) first and third Monday of every month.

(ii) If the petitioner undergoes surgery he need not comply with the direction for three weeks thereafter and from the end of third week onwards, he shall appear before the Special Court once in 15 days at 10.00 a.m.

(ii) The condition directing the petitioner to stay at Chennai and shall not leave Chennai without the permission of the Special Court is relaxed.

5. This criminal miscellaneous petition is ordered accordingly. (S.S.S.R.,J.) (S.M.,J.) 27.11.2023 mmi Page No.2/3

S.S.SUNDAR, J.

and SUNDER MOHAN, J.

mmi 27.11.2023 Page No.3/3