R.Rajadurai v. The Inspector Of Police

CRL MP(MD) No.10463 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Thirtieth day of November Two Thousand and Twenty One PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL MP(MD) No.10463 of 2021 in CRL A(MD) No.42 of 2021 R.RAJADURAI ... PETITIONER/PETITIONER/ APPELLANT/SOLE ACCUSED Vs THE STATE REPRESENTED BY THE INSPECTOR OF POLICE VIGILANCE AND ANTI-CORRUPTION, MADURAI.

CR.NO. 8 OF 2011. ... 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 condone the petitioner absence due to the health problem on 1.10.2021 and 1.11.2021 before the Learned Trial Judge in compliance with direction issued by this Honble Court in Crl.MP.No.630 of 2021 dated 02.2.2021 in Crl.A.(MD).No.42 of 2021. PRAYER IN CRL A(MD) No.42 of 2021:

Pleased to set aside the conviction and sentence passed in Special Case No.7 of 2013 dated 11.01.2021 by the learned Special Judge for trial of Prevention of Corruption Act 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 M/S.RAMAKRISHNAN K.K., Advocate for the petitioner and of Mr.M.MUTHUMANIKKAM, government Advocate(crl.side) on behalf of the Respondent, the Court made the following order:- Pending Criminal appeal, petition has been filed by this petitioner in Crl.M.P.(MD).No.630 of 2021, to suspend the sentence, condition has been imposed upon the petitioner that he has to appear before the trail Court on the first working day of every month at 10.30 p.m.

The learned counsel for the petitioner submitted that even though he was regularly complying the condition, that has been imposed by this Court for the past two times, he was not in a position to comply the condition, since he was suffering from cancer. Hence seeking condonation of his absence, he filed the present petition.

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CRL MP(MD) No.10463 of 2021 2.The petitioner ought to have filed a petition before the concerned Court. However, the counsel for the submitted that since the conditional order has been passed by this Court, he has filed the present petition before this Court.

3.Whatever may, it is submitted that since the petitioner was suffering from cancer, he was unable to comply the condition for the past two times. Considering the other aspects, without considering the petitioner for condonation of absence of the petitioner, this Court thought it fit to modify the condition imposed on the petitioner to the effect that the petitioner has to appear before the trial Court once in six months.

4.Accordingly, this criminal miscellaneous petition is ordered. sd/- 30/11/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

TO 1 THE SPECIAL JUDGE FOR TRIAL OF PREVENTION OF CORRUPTION ACT CASES, MADURAI.

2 THE INSPECTOR OF POLICE VIGILANCE AND ANTI-CORRUPTION, MADURAI.

3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1 CC to M/s.K.K.RAMAKRISHNAN, Advocate ( SR-8714[I] dated 01/12/2021 )

ORDER

IN CRL MP(MD) No.10463 of 2021 in CRL A(MD) No.42 of 2021 Date :30/11/2021 TM SS/JM/SAR-III/03.12.2021 : 2P/5C https://hcservices.ecourts.gov.in/hcservices/ 2/2