S.Abbas Manthiri v. The Deputy Superintendent Of Police
CRL MP(MD) No.8539 of 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Sixteenth day of June Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice K.MURALI SHANKAR CRL MP(MD) No.8539 of 2023 in CRL A(MD) No.237 of 2023 S.ABBAS MANTHIRI ... Petitioner / Appellant / Accused Vs THE STATE REP BY THE DEPUTY SUPERINTENDENT OF POLICE, VIGILANCE AND ANTI CORRUPTION, RAMANATHAPURAM DISTRICT.
(CRIME NO.10 OF 2005) ... 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 modify the condition No.(III) imposed by this Honourable Court in above Crl.M.P.No.4932/2023 in Crl.A(MD).No.237/2023 by directing the Appellant to appear before the Honourable Special Court for prevention of Corruption act cases Madurai or any other Court situated at neighbouring District.
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.ALTHAF SHERIFF, Advocate for M/S.AJMAL ASSOCIATES, Advocate for the petitioner and of Mr.R.MEENAKSHI SUNDARAM, Additional Public Prosecutor on behalf of the Respondent, the court made the following order:- This petition has been filed to modify the condition No.(iii) imposed against the petitioner in Crl.M.P.(MD)No.4932 of 2023 in Crl.A.(MD)No.237 of 2023, dated 27.03.2023.
2. The learned counsel for the petitioner would submit that the petitioner has been taking treatment for Type -II Diabetes Mellitus with Syst Hypertension and Diabetic Pheripheral Neuropathi in Lakshmana Multi Speciality Hospital, Madurai and he is aged 65 years and due to age old problems, he is not in a position to walk independently.
3. Heard the learned Government Advocate (Crl.Side) appearing for the State.
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4. This Court earlier vide order, dated, 27.03.2023, while 1/2
CRL MP(MD) No.8539 of 2023 granting suspension of sentence, directed the petitioner to appear before the concerned Court i.e., Special Court cum Chief Judicial Magistrate Court, Ramanathapuram on the first working day of every English calender month at 10.30 am, till the disposal of the appeal.
5. Considering the health condition of the petitioner, the condition imposed on him is modified to the effect that the petitioner is directed to appear before the Special Court for Vigilance and Anti Corruption Act Cases, Madurai once in a month i.e., on the first working day of every English calendar month at 10.30 a.m., until further orders.
6.The petition is ordered accordingly.
sd/- 16/06/2023 / TRUE COPY / /06/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
DAS To 1.The Special Judge cum Chief Judicial Magistrate, Ramanathapuram.
2.The Deputy Superintendent of Police, Vigilance and Anti Corruption, Ramanathapuram District.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
Copy to:
The Judge, Special Court for Vigilance and Anti Corruption Act Cases, Madurai.
+1 CC to M/s.AJMAL ASSOCIATES, Advocate ( SR-9019[I] dated 19/06/2023 )
ORDER
IN CRL MP(MD) No.8539 of 2023 in CRL A(MD) No.237 of 2023 Date :16/06/2023 ED/BUC/SAR- (26/06/2023) 2P 6C https://www.mhc.tn.gov.in/judis 2/2