Swaminathan v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Seventeenth day of February Two Thousand and Twenty Two PRESENT The Hon`ble Mr.Justice K.MURALI SHANKAR CRL MP(MD) No.2505 of 2022 IN CRL OP(MD) No.18569 of 2021 SWAMINATHAN ... PETITIONER/SOLE ACCUSED Vs THE INSPECTOR OF POLICE, VIGILANCE AND ANTI CORRUPTION, THANJAVUR.
(CRIME NO.10 OF 2021). ... RESPONDENT/COMPLAINANT Petition filed praying that in the circumstances stated therein and in the petition filed therewith the High Court may be pleased to order, that the interim bail order granted in Crl.O.P. (MD) No.18569 of 2021 dated. 21.12.2021 is made absolute pending disposal of the investigation in Crime No.10/2021 on the file of the respondent police.
Order : This petition coming up for orders on this day, upon perusing the petition filed in support thereof and upon hearing the arguments of M/S.ANANTHA PADMANABAN, for APN LAW ASSOCIATES, Advocate for the petitioner and M/S.M.MUTHUMANIKKAM, Counsel for Government of Tamil Nadu (Criminal Side) for the Respondent the court made the following order:- This Criminal Miscellaneous petition came to be filed seeking orders to make the interim bail granted in Crl.O.P.(MD)No.18569 of 2021 dated 21.12.2021 by this Court, absolute, pending disposal of the investigation in Crime No.10 of 2021, on the file of the respondent police.
2.It is not in dispute that the learned Chief Judicial Magistrate, Kumbakonam in the petition filed in Crl.M.P.No.166 of 2021, on the medical grounds of the petitioner, has granted interim
bail and directed him to surrender before the Court on 11.11.2021. Thereafter, the petitioner has filed an application before this Court in Crl.O.P.(MD)No.18569 of 2021 and this Court, directed the petitioner to appear before the Medical Board, attached to Tanjore Medical College Hospital, for assessing his health condition and vide order dated 21.12.2021, the interim bail granted to the petitioner was ordered to be extended until further orders and the warrant issued against the petitioner need not be executed. 3.When the matter is taken up today(17.02.
2022), the learned Government Advocate has produced a copy of the report of the Medical Board of Thanjavur Medical College Hospital, Thanjavur and wherein the Board has given their opinion that the individual has been suffering from "Type 2 Diabetes Mellitus/Coronary Artey Disease/ Triple Vessel Disease/ Post Stenting Status of RCA and Proximal Major OMI with Residual Critical Distal Lad Disease" and also advised to avoid both physical and mental stress. 4.The learned Government Advocate would submit that the investigation in this case is almost completed and it is pending for getting sanction.
5.Considering the entire facts and circumstances and also the medical condition of the petitioner and the fact that the investigation is almost completed, this Court is inclined to grant the relief to the petitioner as sought for. Hence, the interim bail granted to the petitioner is made absolute.
Sd/- 17/02/2022 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.II) Madurai Bench of Madras High Court, Madurai - 625 023.
pnn Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.
TO
1. THE CHIEF JUDICIAL MAGISTRATE, KUMBAKONAM.
2. THE INSPECTOR OF POLICE, VIGILANCE AND ANTICORRUPTION, THANJAVUR.
3. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL MP(MD) No.2505 of 2022 IN CRL OP(MD) No.18569 of 2021 Date :17/02/2022 SP/VR/SAR II/24/02/2022/3P/4C