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Madras High CourtCRL MP(MD)/13117/2022allowed

Balaji v. The Inspector Of Police

2022-11-04Honourable Mr Justice G.Ilangovan2 pages

CRL MP(MD) No.13117 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Fourth day of November Two Thousand and Twenty Two PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL MP(MD) No.13117 of 2022 in CRL.A.(MD)No.500 of 2022 BALAJI ... PETITIONER/PETITIONER/ APPELLANT/ACCUSED No.6 Vs THE STATE REP.BY, THE INSPECTOR OF POLICE KARIMEDU POLICE STATION, MADURAI.

(CRIME NO.1403 OF 2020) ... 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 modify the condition imposed in the order in Crl.MP(MD)No.9623/2022 in Crl.A(MD)No.500/2022 dt.19/9/2022, that the petitioner shall not be shifted away from Madurai without permission of the court. Prayer in CRL.A.(MD)No.500 of 2022:

To call for the records in C.C.No.267 of 2020 dated 22.07.2022 on the file of the Learned II Additional Special Court for EC and NDPS Act Cases, Madurai and set aside the same. 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.JEGADEESH PANDIAN.M, Advocate for the petitioner and of MR.T.SENTHIL KUMAR, Additional Public Prosecutor on behalf of the Respondent, the court made the following order:- This modification petition has been filed seeking an order of modification in the order, dated 19/09/2022 in Crl.MP(MD)No.9623 of 2022 in Crl.A(MD)No.500of 2022.

2.The petitioner was stated to be affected by cancer disease. For the purpose of taking treatment out of the prison hospital, he was granted two months interim bail. After the expiry of the above https://www.mhc.tn.gov.in/judis 1/2

CRL MP(MD) No.13117 of 2022 said time, this petition has been filed seeking modification to the effect that he has been advised to take treatment in JIPMER Hospital, Pondicherry, for which, he has also produced the medical certificate attached to the Department of Cardiology, Government Rajaji Hospital, Madurai , wherein he has been recommended for higher treatment for Implantable Cardiac Defibrillator (ICD). 3.Considering the above said recommendation the order passed by this court in Crl.MP(MD)No.9623 of 2022 n Crl.A(MD)No.500 of 2022, dated 19/09/2022 is modified to the effect that he is permitted to admit in Pondicherry JIPMER hospital for taking treatment. Accordingly, the interim bail that was granted is extended for a further period three more months from today and he must intimate the IP number, Admission ward number, etc.

, to the respondent police immediately and his location must also be shared with the respondent police once in a week. After admission in the JIPMER Hospital, Pondicherry, he must produce the particulars before the respondent. Similarly, he must also inform the court about the above said particulars after admission in the above said Hospital. 4.With the above said condition, this modification petition is allowed.

sd/- 04/11/2022 / TRUE COPY / /11/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDGE, II ADDITIONAL SPECIAL COURT FOR EC AND NDPS ACT CASES, MADURAI.

2 THE INSPECTOR OF POLICE KARIMEDU POLICE STATION, MADURAI 3 THE SUPERINTENDENT, CENTRAL PRISON, MADURAI.

THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER IN CRL MP(MD) No.13117 of 2022 in CRL.A.(MD)No.500 of 2022 Date :04/11/2022 USK/VR/SAR-I/07.11.2022/2P/5C https://www.mhc.tn.gov.in/judis 2/2