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Madras High CourtCRL MP(MD)/2040/2021ordered

Rajiv Gandhi v. The Inspector Of Police

2021-03-09Honourable Mr Justice K. Kalyanasundaram,Honourable Mr Justice G.Ilangovan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Ninth day of March Two Thousand and Twenty One PRESENT The Hon`ble Mr.Justice K.KALYANASUNDARAM and The Hon`ble Mr.Justice G.ILANGOVAN in CRL A(MD)No.404 of 2019 RAJIV GANDHI ... PETITIONER/PETITIONER/ 1st PETITIONER/1ST APPELLANT Vs THE STATE REP.BY THE INSPECTOR OF POLICE CHINNAMANUR POLICE STATION, THENI DISTRICT.

CRIME NO.334/2016. ... RESPONDENT/RESPONDENT/ 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 conditions imposed on the Petitioner by this Honourable Court in CRL MP(MD)No. 11378/2019 in CRL MP(MD)No. 7759/2019 in CRL A(MD) No. 404/2019 dated 20.12.2019. PRAYER IN CRL MP(MD)No.11378 of 2019 IN CRL A(MD)No.404 of 2019: Petition praying that in the circumstances stated therein and in the petition filed therewith the High Court may be pleased to modify the condition imposed by this Honoruble Court by reporting before the Respondent Police daily at 10.30 a.m. until further orders into report before the Additional District and Sessions Court (Fast Track Court), Theni, on the 1st Working day of every month at 10.30 a.m. In the above said Crl.M.P.(MD)No.7759 of 2019 in Crl.A (MD)404 of 2019 dated 03.10.2019.

PRAYER IN CRL MP(MD)No.7759 of 2019 IN CRL A(MD)No.404 of 2019: Petition praying that in the circumstances stated therein and in the petition filed therewith the High Court may be pleased to suspend the sentence passed by the Learned Additional District and Sessions Court (Fast Track Court) Theni, in S.C.No.171 /2016 dated 20.08.2019 and enlarge the petitioner on bail pending disposal of the above Criminal Appeal.

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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.C.VAKEESWARAN, Advocate for the petitioner and of Mr.R.ANANDARAJ, Additional Public Prosecutor on behalf of the Respondent, the court made the following order:- This petition has been filed seeking relaxation of the condition imposed by this Court in Crl.M.P(MD)No.11378 of 2019 in Crl.A(MD)No.404 of 2019, dated 20.12.2019.

2.Mr.C.Vakeeswaran, learned counsel appearing for the petitioner would submit that the petitioner has been arrayed as accused No.1 in the Sessions Case in S.C.No.171 of 2016 and the other accused Nos.2 to 6 are his family members. The petitioner was granted bail by this Court on 03.10.2019 on condition that he shall appear before the respondent police daily at 10.30 a.m., until further orders and the condition was modified subsequently on 20.12.2019 directing the petitioner to appear before the trial Court on the first working day of every month.

3. According to the learned counsel for the petitioner, the petitioner has been complying with the condition for the past about one year. He would further state that the petitioner is working as a lorry driver and he has to go for long trip to North India and he would come back only after five weeks. Hence, he finds it difficult to comply the condition. It is further submitted that the other accused will not move any application seeking relaxation.

4. We heard the learned Additional Public Prosecutor appearing for the respondent.

5. In the light of the submission of the learned counsel for the petitioner, the condition, imposed on the petitioner in Crl.M.P (MD)No.11378 of 2019 in Crl.A(MD)No.404 of 2019, dated 20.12.2019, is hereby relaxed.

sd/- 09/03/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE ADDITIONAL DISTRICT AND SESSIONS JUDGE, (FAST TRACK COURT), THENI.

2.THE INSPECTOR OF POLICE CHINNAMANUR POLICE STATION, THENI DISTRICT.

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3.THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. C.C. to Mr.C.VAKEESWARAN Advocate SR.No.1946

ORDER

IN in CRL A(MD)No.404 of 2019 Date :09/03/2021 AM TK/PN/SAR.2/16.03.2021/3P/5C 3/3