Petitioner sought condonation of absence on 03/10/2017 before the II Additional District Court (CBI), Madurai, citing illness. Court approved request.
Condoned absence on 03/10/2017 and directed lower court to permit petitioner to report and comply with orders.
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction )
Monday, the Fourth day of December Two Thousand Seventeen
PRESENT
The Hon`ble Mr.Justice M.DHANDAPANI
CRL MP(MD) Nos.10577 & 10578 of 2017 IN CRL A(MD) Nos.154 & 155 of 2017
N.S.GNANAESWARAN ... PETITIONER IN BOTH PETITIONS
Vs
THE STATE REP.BY, THE INSPECTOR OF POLICE, SPE. CBI. ACB: CHENNAI. ... RESPONDENT IN BOTH PETITIONS
Prayer in CRL MP(MD). 10578/ 2017 in CRL A(MD).154 of 2017 :
Petition praying that in the circumstances stated therein and in the petition filed therewith the High Court will be pleased to condone the absence of the petitioner on 03/10/2017 before Honourable II Additional District Court (for CBI Cases) Madurai and permit the petitioner to appear and report before the Honourable Court to comply with order dated 07/08/2017 made in the Miscellaneous petitions in Crl.M.P(MD).No.5888/2017 in Crl.A.(MD). No.154/2017.
Prayer in CRL MP(MD). 10578/ 2017 in CRL A(MD).155 of 2017 :
To condone the absence of the petitioner on 03/10/2017 before Honourable II Additional District Court (for CBI Cases) Madurai and permit the petitioner to appear and report before the Honourable Court to comply with order dated 07/08/2017 made in the Miscellaneous petitions in Crl.M.P(MD).No.5889/2017 in Crl.A.(MD). No.155/2017.
Order : This petition coming on for orders upon perusing the petition filed in support thereof and upon hearing the arguments of M/S.Y.KRISHNAN, Advocate for the petitioner in both petitions and of MR.JEYAKUMAR, Special Public Prosecutor for CBI Cases on behalf of the Respondent in both petitions the court made the following order:-
This Court, while granting bail on 07.08.2017 imposed the condition that the petitioner should appear before the II Additional District Court for CBI Cases, Madurai, Madurai District, on first working day of every English calendar month at 10.30 a.m., until further orders.
https://hcservices.ecourts.gov.in/hcservices/ 2.The learned counsel for the petitioner would submit that the petitioner has complied the condition regularly from the date of
order of this Court. He further submitted that due to his illness, the petitioner was not able to comply with the condition on 03.10.2017 and hence, he filed a memo along with medical certificate to permit him to report and appear before the learned II Additional District Judge (for CBI Cases), Madurai and record his presence before the Court on 04.10.2017 in the Register, which is maintained by the said Court. However, the learned II Additional District Judge for CBI Cases, Madurai, Madurai District refused to accept the petitioner's memo. Hence, the petitioner has come forward with the present petition for the aforesaid relief.
3.In view of the above, I am inclined to condone the absence of the petitioner on 03.10.2017 and the learned Judicial Magistrate is directed to permit the petitioner to appear and report before the lower Court to comply with the order dated 07.08.2017, until further orders.
4.Accordingly, this petition is ordered.
TO
CRL MP(MD) Nos.10577 & 10578 of 2017
IN CRL A(MD) Nos.154 & 155 of 2017
Date :04/12/2017
MKV-CM-VR-SAR 2/8.12.2017/2P-6C
2 issues framed by the court
Whether the petitioner's absence on 03/10/2017 due to illness should be condoned.
Whether the petitioner should be permitted to report before the lower court to comply with bail conditions.
N.S.GNANAESWARAN
THE STATE
M.DHANDAPANI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
