R.Geetha v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Twenty Second day of June Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice K.MURALI SHANKAR IN CRL A(MD) No.389 of 2016 R.GEETHA ... PETITIONER/PETITIONER/ 1ST APPELLANT Vs State Rep.by THE INSPECTOR OF POLICE ACB, CBI, CHENNAI.
... RESPONDENT/RESPONDENT/ RESPONDENT Petition filed praying that in the circumstances stated therein and in the petition filed therewith the High Court may be pleased to modify the order dated 15.03.2023 passed in Crl.M.P(MD).No.4309 of 2023 in Crl.A(MD).No.389 of 2016 by modifiying the condition imposed directing the petitioner to report Indian High Commissioner's office at Germany once in two weeks.
PRAYER IN CRL A(MD).389/2016 :
To set aside the conviction and sentence imposed on the Appellant by the Judgment dated 07.10.2016 in C.C.No.4 of 2008 on the file of the II Additional District Judge for CBI Cases, Madurai and allow the appeal.
PRAYER IN CRL.MP(MD).4309/2023:
Pleased to permit the petitioner to travel to Germany and stay there for six months to attend the daughter of the petitioner who is under pregnancy and expected to second deliver a child in the month of September, 2023 and her absence for the period may kindly be condoned.
Order : This petition coming up for orders on this day, upon perusing the petition filed in support thereof and upon hearing the arguments of M/S.ARAVINDAN R, Advocate for the petitioner and of 1/3
Mr.C.MUTHU SARAVANAN, Special Public Prosecutor for CBI Cases on behalf of the Respondent, the court made the following order:- This petition has been filed seeking orders to modify the condition imposed in Crl.M.P.(MD)No.4309 of 2023 in Crl.A(MD)No.389 of 2016, dated 15.03.2023, directing the petitioner to appear before the Indian Embassy once in two weeks during the period of four months.
2. The learned counsel for the petitioner would submit that the distance between the place where the petitioner's daughter is residing and the Indian High Commission Office, Germany, is more than 700 kms and hence, he is not in a position to travel 700 kms once in two weeks and hence, the above condition may be modified.
3. As rightly pointed out by the learned Special Public Prosecutor for CBI Cases that in the earlier occassions, due to Covid restrictions, the condition was ordered to be modified.
4. Considering the facs and circumstances of the case and also the distance between the petitioner's place and Indian Embassy in Germany, the petitioner is directed to appear before the Indian Embassy once in a month during the period of four months. 5.This Criminal Miscellaneous Petition is ordered accordingly. sd/- 22/06/2023 / TRUE COPY / 28/06/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
DAS TO 1 THE II ADDITIONAL DISTRICT JUDGE FOR CBI CASES, MADURAI. 2 THE INSPECTOR OF POLICE, ACB, CBI, CHENNAI. 3 THE SPECIAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
COPY TO:
1 THE OFFICER INCHARGE, MINISTRY OF EXTERNAL AFFAIRS, GOVERNMENT OF INDIA, SOUTH BLOCK, SECRETARIAT BUILDING, RAISINA HILL, NEW DELHI.
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2 THE OFFICER INCHARGE, EMBASSY OF INDIA, TIERGARTENSTRABE 17, 10785 BERLIN, GERMANY.
CONTACT NO.+49-30-5795-0 +1. C.C. to M/S.ARAVINDAN R Advocate SR.No.9342 (I) Dt.22/06/2023 +1 cc to Mr.C.MUTHU SARAVANAN, Advocate, SR.No.29885 (F) Dt.22/06/2023.
ORDER
IN IN CRL A(MD) No.389 of 2016 Date :22/06/2023 SA/VR/SAR. /28.06.2023/3P/8C 3/3