Indhira v. The Deputy Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Thirtieth day of March Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice K.MURALI SHANKAR CRL MP(MD) Nos.5196 and 5201 of 2023 in CRL A(MD) Nos.449 and 446 of 2021 INDHIRA ... Petitioner /Appellant / 10th Accused in CRL MP(MD) No.5196 of 2023 ESWAR @ VENKATESH ... Petitioner / Appellant / 9th Accused in CRL (MD) No.5201 of 2023 Vs THE DEPUTY SUPERINTENDENT OF POLICE, C.B.I / E.O.W CHENNAI RC, RC(11)(E)/2010/C.B.I/E.O.W/CHENNAI. ... Respondent /Respondent / Complainant in both CRL Mps Prayer in CRL MP(MD). 5196/ 2023 :

To relax the condition of the petitioner shall report before the respondent police once in three months until further order imposed in Crl M.P (MD) No. 12375 of 2022 dated 17/10/2022 in Crl A (MD) No. 449 of 2021.

Prayer in CRL A(MD) No.449 of 2021:

To call for the records and to allow the appeal and to set aside conviction and sentence passed by the Learned II Additional District Judge for CBI Cases at Madurai in C.C.No.8 of 2011 on 27.09.2021.

Prayer in CRL MP(MD). 5201/ 2023 :

To relax the condition of the petitioner shall report before the respondent police once in three months until further orders imposed in Crl M.P (MD) No. 12379 of 2022 dated 17/10/2022 in Crl A (MD) No. 446 of 2021.

Prayer in CRL A(M)D No.446 of 2021:

To allow the appeal and to set aside the conviction and sentence passed by the Learned II Additional District Judge for CBI Cases at Madurai in C.C.No.8 of 2011 on 27.09.2021. 1/3

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.M.SURI, Advocate for M/S.MANOGAR.U, Advocate for the petitioner in both Crl. MPs and of Mr.M.D.POORNACHARI, Special Public Prosecutor for CBI on behalf of the Respondent in both CRL MPs the court made the following order:- The above petitions have been filed to relax the conditions imposed against the petitioners in Crl.M.P.(MD)Nos.12375 and 12379 of 2022 in Crl.M.P.(MD)Nos.2642 and 2640 of 2022 in Crl.A.(MD) Nos.449 and 446 of 2021 dated 17.10.2022

2. The learned Special Public Prosecutor for CBI appearing for the respondent would submit that the petitioners have been complying with the conditions regularly without fail.

3. Though the above applications came to be filed for relaxation, the learned counsel appearing for the petitioners would submit that he is restricting his prayer and the petitioners may be directed to appear before the CBI Court instead of respondent police.

(*)4. Considering the above, the conditions imposed on the petitioners to report before the respondent police is modified and the petitioners shall report before the CBI Court No.1, District Court Complex, New Delhi, once in three months, until further orders.

5. The Criminal Miscellaneous Petitions are ordered accordingly.

sd/- 30/03/2023 (*)For Being Mentioned as Per Order of this Hon'ble Court dated 17/04/2023 in Crl.MP(MD)Nos.5196 and 5201/2023 in Crl.A(MD)Nos.449 & 446/2021 / TRUE COPY / /04/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

CSM To TO BE SUBSTITUTED WITH THE ORDER DATED 30/03/2023 ALREADY DESPATCHED 1.The Judge, CBI Court No.1, District Court Complex, New Delhi.

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2.The II Additional District Judge for CBI Cases, Madurai.

3.The Deputy Superintendent of Police, CBI/EOW., Chennai RC, RC(11)E2010/CBI/EOW/Chennai.

4.The Special Public Prosecutor for CBI, Madurai Bench of Madras High Court, Madurai.

+2CC to M/s.M.D.POORNACHARI, Advocate SR No.5197 & 5198(I) dated 30.03.2023.

+2CC to M/s.U.MANOGAR, Advocate SR No.5217 & 5218(I) dated 30.03.2023.

ORDER

IN CRL MP(MD) Nos.5196 and in CRL A(MD) Nos.449 and Date :30/03/2023 ED/CG/SAR-4 (10/04/2023) 3P 9C CSM SA/BUC/SAR.1/20.04.2023/3P/9C 3/3