B.Banumathi v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Twenty Fifth day of February Two Thousand and Twenty One PRESENT The Hon'ble Mr.Justice K.MURALI SHANKAR CRL MP(MD) No.1605 of 2021 IN CRL A(MD)No.76 of 2019 B.BANUMATHI ... APPELLANTS/ACCUSED No.10 Vs THE STATE REP. BY THE INSPECTOR OF POLICE, CBI: ACB: CHENNAI, (R.C.No. 19/A/2008) ... RESPONDENT/COMPLAINANT Petition filed praying that in the circumstances stated therein and in the petition filed therewith the High Court may be pleased to Relax the condition imposed by this Honourable Court in Crl.M.P. (MD) No. 1850/2019 in Crl. A(MD) No.76/2019 dated 01.03.2019. Order : This petition coming up for orders on this day, upon perusing the petition filed in support thereof and upon hearing the arguments of Mr.VIJAYARAJA.J.
, Advocate for the petitioner and of Mrs.L.VICTORIA GOWRI, Assistant Solicitor General on behalf of the Respondent, the Court made the following order:- This petition has been filed to relax the condition imposed by this Court in Crl.M.P.No.1850 of 2019 in Crl.A.(MD)No.76 of 2019, on 01.03.2019.
2. Earlier similar petition in Crl.M.P.(MD)No.7796 of 2019, filed by the petitioner, was dismissed on 05.09.2019, on the ground that such condition was imposed for the purpose of monitoring the petitioner's availability.
3.The petitioner's case is that she is aged about 68 years, that her daughter is permanently residing at Bangalore, that the petitioner has already undergone heart surgery twice and that she has been coming to Madurai from Bangalore every month only for complying with the conditions imposed by this Court. 4.The learned Assistant Solicitor General would represent that the petitioner had absconded nearly for 7 years before the trial and that there is every possibility of repeating the same. https://hcservices.ecourts.gov.in/hcservices/
5.Considering the reasons assigned and also the fact that the petitioner has complied with the conditions for the past two years regularly, this Court is inclined to modify the condition, directing the petitioner to appear before the Court below on alternative months.
6.In the result, the petitioner is directed to appear before the learned District Judge for CBI Cases, II Additional District Court, Madurai, at 10.30 am, on the first working day of alternative English Calender month commencing from the first working day of March, 2021 and the petition is ordered accordingly. sd/- 25/02/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO
1. THE DISTRICT JUDGE FOR CBI CASES, II ADDITIONAL DISTRICT COURT, MADURAI.
2. THE INSPECTOR OF POLICE, CBI:ACB CHENNAI.
3. THE SPECIAL PUBLIC PROSECUTOR FOR CBI CASES, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+ 2 CC TO Mr.VIJAYARAJA.J., ADVOCATE IN SR No. 1421
ORDER
IN CRL MP(MD) No.1605 of 2021 IN CRL A(MD)No.76 of 2019 Date :25/02/2021 DAS TE/SMA/SAR-IV : 02/03/2021 : 2P/6C https://hcservices.ecourts.gov.in/hcservices/