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Madras High CourtCRL MP(MD)/5330/2022ordered

Jala Jawahar v. The Inspector Of Police

2022-04-28Honourable Mr Justice G.Ilangovan2 pages

CRL MP(MD) No.5330 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Twenty Eighth day of April Two Thousand and Twenty Two PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL MP(MD) No.5330 of 2022 in CRL.A.(MD)No.57 of 2019 JALA JAWAHAR ... PETITIONER/ APPELLANT/ ACCUSED-3 Vs STATE REP.BY THE INSPECTOR OF POLICE, SPE CBI ACB, CHENNAI.

IN RC 19/A/2008 ... 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 condition imposed on the petitioner in Crl M.P (MD) No. 1398 of 2019 dated 25.02.2019 in Crl A (MD) No.57 of 2019 by allowing this application.

PRAYER IN CRL.A.(MD)No.57 of 2019:

To set aside the conviction and sentence passed against the appellant in the judgment dated 24.12.2018 made in C.C.No.3 of 2009 on the file of the learned II Additional District Judge for CBI Cases, Madurai.

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.K.K.KANNAN, Advocate for the petitioner and of M/s.L.VICTORIA GOWRI, Additional Solicitor General of India on behalf of the Respondent, the court made the following order:- This Criminal Miscellaneous Petition is filed to relax the condition imposed on the petitioner in Crl.M.P(MD) No.1398 of 2019 in Crl.A.(MD) No.57 of 2019, dated 25.02.2019. 2.The learned counsel appearing for the petitioner would submit that the petitioner is complying with the condition regularly. He further submitted that he is affected by cancer, and he is taking continuous treatment and he is able to taking only liquid food, but, no longer he could take even liquid food. Hence the petitioner is unable to comply with the said condition.

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CRL MP(MD) No.5330 of 2022

3. The learned Additional Solicitor General of India appearing for the respondent would submit that the petitioner is regularly complying with the condition.

4. In the light of the above submission, the condition imposed on the petitioner in Crl.M.P(MD) No.1398 of 2019 in Crl.A.(MD) No.57 of 2019, dated 25.02.2019 is relaxed in toto. sd/- 28/04/2022 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE II ADDITIONAL DISTRICT JUDGE FOR CBI CASES, MADURAI.

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

3. THE SUPERINTENDENT, CENTRAL PRISON, MADURAI.

4. THE ADDITIONAL SOLICITOR GENERAL OF INDIA, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1 CC to M/s.K.K. KANNAN, Advocate ( SR-22407[F] dated 29/04/2022 )

ORDER

IN CRL MP(MD) No.5330 of 2022 in CRL.A.(MD)No.57 of 2019 Date :28/04/2022 ebsi MS/PN/SAR-2/09.05.2022/2P.6C https://hcservices.ecourts.gov.in/hcservices/ 2/2