R.Periyasamy v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Sixth day of October Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice P. VADAMALAI IN CRL A(MD) No.715 of 2023 R.PERIYASAMY ... PETITIONER Vs THE INSPECTOR OF POLICE VIGILANCE AND ANTI-CORRUPTION WING, TIRUCHIRAPPALLI.

(CRIME NO.12/2010).

... RESPONDENT Criminal Miscellaneous Petition filed praying that in the circumstances stated therein and in the petition filed therewith the High Court may be pleased to relax the condition imposed on the petitioner in Crl.MP(MD)No.11632/2023 in Crl.A(MD) NO.715/2023 dated 18.08.2023 PRAYER in CRL MP(MD)No.11632 of 2023:

To suspend the sentence of imprisonment passed in Spl.CC.No.3/2014 on the file of the Learned Special Judge for Prevention of Corruption/Chief Judicial Magistrate, Karur Dt.24/7/2023 and enlarge the petitioner on bail till the disposal of the Crl.A.

PRAYER in CRL A(MD)No.715 of 2023:

To call for record and set aside the conviction and sentence passed in Spl.C.C.No.3 of 2014 on the file of the Learned the Special Judge for Prevention of Corruption/Chief Judicial Magistrate, Karur dated 24.07.2023. 1/4

Order : This Criminal Miscellaneous Petition coming up for orders on this day, upon perusing the petition filed in support thereof and upon hearing the arguments of M/S.MUTHUKAMATCHI.V, Advocate for the petitioner and of Mr.MANIKANDAN, Government Advocate(Crl.side) on behalf of the Respondent, the Court made the following order:- This petition has been filed to relax the condition imposed on the petitioner/accused in the order dated 18.08.2023 passed by this Court in Crl.M.P. (MD) No.11632 of 2023 in Crl.A.(MD) No.715 of 2023.

2. The petitioner/accused was ordered to be released on bail on 18.08.2023 with a condition that the petitioner/accused shall appear before the respondent police daily at 10.30 a.m. and 05.30 p.m. until further orders. The learned counsel for the petitioner/accused would submit that the petitioner/accused is abiding the condition regularly from 25.08.2023 till date and therefore pray for relaxation of the said condition.

3. The learned Government Advocate (Criminal Side) appearing for the respondent has fairly conceded and would submit that the petitioner is abiding the condition from 25.08.2023 till date.

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4. Considering the above facts and circumstances of the case and considering the fact that the petitioner/accused is abiding the condition imposed on him, this Court is inclined to relax the condition. Accordingly, the condition is relaxed and the petitioner/accused is directed to appear before the Trial Court once in a month, i.e. on the first working day of every English Calendar Month at 10.30 a.m., until further orders.

5. Accordingly, this Criminal Miscellaneous Petition is allowed. sd/- 06/10/2023 / TRUE COPY / /10/2023 Sub-Assistant Registrar (C.S. ) Madurai Bench of Madras High Court, Madurai - 625 023.

JEN TO 1 THE SPECIAL JUDGE FOR PREVENTION OF CORRUPTION/CHIEF JUDICIAL MAGISTRATE, KARUR.

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

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

+1 CC to M/s.V.MUTHUKAMATCHI, Advocate ( SR-14845[I] dated 09/10/2023 )

ORDER

IN IN CRL A(MD) No.715 of 2023 Date :06/10/2023 SS/DD/10/10/2023/4P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4