S. Srinivasan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Twenty Eighth day of February Two Thousand Twenty PRESENT The Hon`ble Mr.Justice M.NIRMAL KUMAR IN CRL A(MD) No.568 of 2019 S.SRINIVASAN ... PETITIONER/ PETITIONER/ APPELLANT Vs THE STATE REP.BY THE INSPECTOR OF POLICE, SPE, CBI, ACB, CHENNAI. RESPONDENT/ RESPONDENT/ RESPONDENT 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 upon me vide order dated 26.11.2019 made in Crl.M.P.(MD).No.10354/2019 in Crl.A.(MD).No.568/2019, on the file of this Hon'ble Court in the interest of justice. Order : This petition coming on for orders upon perusing the petition filed in support thereof and upon hearing the arguments of Mr.C.

MUTHUSARAVANAN, Advocate for the petitioner and of Mr.N.NAGENDRAN, 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.10354 of 2019 in Crl.A.(MD).No.568 of 2019, dated 26.11.2019. The petitioner/ Accused No.2 in C.C.No.2 of 2016, on the file of the learned II Additional District and Sessions Court for C.B.I.

Penal Provision Punishment Section 120-B r/w 420 I.P.C., To undergo two years rigorous imprisonment and to pay a fine of Rs.10,000/- in default to undergo six months simple imprisonment.

1/3

420 IPC.

To undergo two years rigorous imprisonment and to pay a fine of Rs.10,000/- in default to undergo six months simple imprisonment.

2. The petitioner had filed an Appeal before this Court in Crl.A.(MD).No.568 of 2019 and this Court in Crl.M.P.(MD).No.10354 of 2019 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. He would further submit that the petitioner seeks relaxation on the medical grounds stating that the petitioner is suffering from various old age ailments, he had already been implanted stent in the year 2014. He would further submit that the petitioner settled at Trichy, he finds that it is difficult to attend the Court. He would further submit that the petitioner has to undergo an operation immediately. Hence, he filed this petition.

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 modified and the petitioner is directed to appear before the trial Court after March 2020, 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/- 28/02/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE II ADDITIONAL DISTRICT AND SESSIONS COURT (SPECIAL COURT FOR CBI CASES)MADURAI.

2/3

2.THE INSPECTOR OF POLICE, SPE, CBI, ACB, CHENNAI.

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

+1. C.C. to Mr.C.MUTHUSARAVANAN Advocate SR.No.4493

ORDER

IN IN CRL A(MD) No.568 of 2019 Date :28/02/2020 DAS TK/VR/SAR.4/04.03.2020/3P/5C 3/3