T.R.Vijayaraman v. The Inspector Of Police, Spe,

CRL MP(MD) No.1953 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Twenty Seventh day of February Two Thousand Twenty PRESENT The Hon`ble Mr.Justice M.NIRMAL KUMAR CRL MP(MD) No.1953 of 2020 IN CRL A(MD) No.407 of 2016 T.R.VIJAYARAMAN ... PETITIONER/PETITIONER/APPELLANT/ ACCUSED NO.2 Vs THE STATE REP.BY ITS THE INSPECTOR OF POLICE, SPE, CENTRAL BUREAU OF INVESTIGATION, ACB, CHENNAI RC 61(A)/2004, (C.C.NO.7 OF 2008) ... RESPONDENT/RESPONDENT/RESPONDENT/ COMPLAINANT Petition praying that in the circumstances stated therein and in the petition filed therewith the High Court will be pleased to relax the condition imposed by this Hon'ble Court in Crl.M.P.(MD) No.4079 of 2017 in Crl.A.No.407 of 2016 dated 26.05.2019 on the file of this Hon'ble Court.

Order : This petition coming on for orders upon perusing the petition filed in support thereof and upon hearing the arguments of MR.K.SULTHAN BASHA for M/S.AJMAL ASSOCIATES, Advocate for the petitioner and of MR.N.NAGENDREN, Special Public Prosecutor for CBI Cases 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.(MD).No.4079 of 2017 in Crl.A.(MD).No.407 of 2016 dated 26.05.2017. The petitioner/ Accused No.2 in C.C.No.7 of 2008, on the file of the learned II Additional District Judge for C.B.I., Cases, Madurai, was found guilty by the trial Court, convicted and sentenced as follows:

Penal Provision Punishment Section 120-B r/w 420 I.P.C., & 420 I.P.C To undergo five years rigorous imprisonment and to pay a fine of Rs.5,000/- indefault to undergo three months simple imprisonment https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL MP(MD) No.1953 of 2020

2. The petitioner had filed an Appeal before this Court in Crl.A.(MD).No.407 of 2016 and this Court in Crl.M.P.(MD).No.4079 of 2017 had granted suspension of sentence to the petitioner on certain conditions. One of the conditions is that the petitioner shall appear before the trial Court on the first working day of every month at 10.30 a.m., until further orders.

3. The learned counsel appearing for the petitioner submits that the petitioner has been complying with the conditions duly and appearing before the trial Court regularly from 01.06.2017 to till date without any fail. He would further submit that the petitioner seeks relaxation on the medical grounds stating that the petitioner is suffering from acute diabetes Mellitus for the past 14 years. Due to which, his internal organs are degenarated and his spine is affected. Hence, he is unable to stand on his own and he is able to move only with the support of others. He would further submit that he finds it difficult to attend the Court. He would further submit that the petitioner has to undergo an operation immediately.

4. Heard the learned Special Public Prosecutor appearing for the respondent.

5. Considering the ill-health of the petitioner and also considering the above submissions, the condition to appear before the trial Court on the first working day of every month at 10.30 a.m., is relaxed and the petitioner is directed to appear before the trial Court once in three months on the first working day of English Calender month at 10.30 A.M.

6. This Petition is ordered accordingly.

sd/- 27/02/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE IIND ADDITIONAL DISTRICT JUDGE, FOR CBI CASES, MADURAI 2 THE INSPECTOR OF POLICE,SPE CENTRAL BUREAU OF INVESTIGATION,ACB, CHENNAI . 3 THE SPECIAL PUBLIC PROSECUTOR FOR CBI CASES MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. C.C. to M/S.AJMAL ASSOCIATES Advocate SR.No.4584 IN CRL MP(MD) No.1953 of 2020 IN CRL A(MD) No.407 of 2016 Date :27/02/2020 tsg AE/JC/SAR-III (04.03.2020) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2