V.S.Valliappan v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Second day of January Two Thousand and Twenty Five PRESENT The HONOURABLE MR. JUSTICE M.NIRMAL KUMAR in CRL A(MD) No.242 of 2023 V.S.VALLIAPPAN ... Appellant / Petitioner / Petitioner Vs THE INSPECTOR OF POLICE, VIGILANCE AND ANTI CORRUPTION WING, TIRUCHIRAPPALLI, TIRUCHIRAPPALLI DISTRICT.

(CRIME NO.14/2002.) ... Respondent / Respondent / 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 to impose upon the Petitioner /Appellant in Crl MP (MD) No.4957/2023 in Crl A(MD) No.242/2023 dt.28.03.2023 on the file of this Honble Court and pending disposal of the main Criminal Appeal. Prayer in CRL A(MD) No.242 of 2023:

To call for the records in Special Case No.49 of 2011 on the file of learned Special Judge for Trial of Cases under Prevention of Corruption Act, Tiruchirappalli, Tiruchirappalli District and set aside the judgment dated 15.03.2023 and acquit the Accused No.1/Appellant of the charges.

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 1/3

of M/s.C.SURESH KANNAN, 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 Criminal Miscellaneous Petition has been filed to relax the condition imposed on the appellant in Crl.M.P(MD) No.4957 of 2023 in Crl.A(MD) No. 242 of 2023 dated 28.03.2023.

2.The learned counsel appearing for the petitioner submitted that earlier the petitioner has filed a petition under Section 317 of Cr.P.C for his non appearance before the trial Court which was not entertained despite the petitioner informed the Court. This Court while granting suspension of sentence has granted such liberty. In view of the same the petitioner having no other option has filed this petition for modification of the condition. In support of his contention he has also filed medical certificate.

3. Taking into consideration all the factors and also considering the fact that the petitioner is aged is about 79 years and the fact that the appeal is not likely to be taken up for final hearing in the near future the condition imposed on the petitioner directing him to appear before the concerned Court once in a month is modified to the effect that the petitioner shall report before the trial Court once in three month @ 10.30 am., until further orders.

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4. This petition is ordered accordingly.

sd/- 02/01/2025 / TRUE COPY / /01/2025 Sub-Assistant Registrar (C.S.I /II /III /IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

AAV To 1.The Special Judge for Trial of Cases under Prevention of Corruption Act, Tiruchirappalli, Tiruchirappalli District.

2.The Inspector of Police, Vigilance and Anti Corruption Wing, Tiruchirappalli, Tiruchirappalli District.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.C.SURESH KANNAN, Advocate ( SR-1[I] dated 02/01/2025 )

ORDER

IN in CRL A(MD) No.242 of 2023 Date :02/01/2025 ED/ VR /SAR- (08/01/2025) 3P / 5 C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3