Allowed

R.Chandrasekar, Aged 63 Years, v. State Rep. by

Madras HC2 Feb 2018CRL MP/1172/2018

Case brief

AI extract

What is this about?

The High Court of Madras granted permission to the petitioner, convicted in multiple CBI cases, to travel to the USA for four months previously sought as six. Permission is conditional on undertaking appeal arguments without adjournment and reporting upon return.

What did the court decide?

Permission granted to travel to USA for a period of four months on specified conditions.

R.Chandrasekar, Aged 63 Years, Vs State Rep. by — Bail and Remand | Madras HC (2018)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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( Criminal Jurisdiction )

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Friday, the Second day of February Two Thousand Eighteen

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PRESENT

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The Hon`ble Dr Justice G. JAYACHANDRAN

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CRIMINAL MISCELLANEOUS PETITION Nos.1172 to 1180 of 2018

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IN CRL A.NOS.14 to 22 of 2013

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R.CHANDRASEKAR

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STATE REP. BY [ RESPONDENT INSPECTOR OF POLICE, ACB, CBI, IN ALL THE PETITIONS ] CHENNAI.

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Petition praying that in the circumstances stated therein the High Court will be pleased to

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(i) permit the petitioner to go to USA for a period of six months on such terms and conditions that this Honourable Court may be pleased to impose pending disposal of the above Crl.A.No.14 of 2013. [ IN CRL.MP.NO.1172 OF 2018 ]

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(ii) permit the petitioner to go to USA for a period of six months on such terms and conditions that this Honourable Court may be pleased to impose pending disposal of the above Crl.A.No.15 of 2013. [ IN CRL.MP.NO.1173 OF 2018 ]

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(iii) permit the petitioner to go to USA for a period of six months on such terms and conditions that this Honourable Court may be pleased to impose pending disposal of the above Crl.A.No.16 of 2013. [ IN CRL.MP.NO.1174 OF 2018 ]

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(iv) permit the petitioner to go to USA for a period of six months on such terms and conditions that this Honourable Court may be pleased to impose pending disposal of the above Crl.A.No.17 of 2013. [ IN CRL.MP.NO.1175 OF 2018 ]

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(v) permit the petitioner to go to USA for a period of six months on such terms and conditions that this Honourable Court may be pleased to impose pending disposal of the above Crl.A.No.18 of 2013. [ IN CRL.MP.NO.1176 OF 2018 ]

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(vi) permit the petitioner to go to USA for a period of six months on such terms and conditions that this Honourable Court may be pleased to impose pending disposal of the above Crl.A.No.19 of 2013. [ IN CRL.MP.NO.1177 OF 2018 ]

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(vii) permit the petitioner to go to USA for a period of six months on such terms and conditions that this Honourable Court may be pleased to impose pending disposal of the above Crl.A.No.20 of 2013. [ IN CRL.MP.NO.1178 OF 2018 ]

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(viii) permit the petitioner to go to USA for a period of six months on such terms and conditions that this Honourable Court may be pleased to impose pending disposal of the above Crl.A.No.21 of 2013. [ IN CRL.MP.NO.1179 OF 2018 ]

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(ix) permit the petitioner to go to USA for a period of six months on such terms and conditions that this Honourable Court may be pleased to impose pending disposal of the above Crl.A.No.22 of 2013. [ IN CRL.MP.NO.1180 OF 2018 ]

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Order : These petitions coming on for orders upon perusing the petitions and upon hearing the arguments of M/S.V.V.SAIRAM, Advocate for the petitioner [ IN ALL THE PETITIONS ] and of MR.K.SRINIVASAN, SPECIAL PUBLIC PROSECUTOR FOR CBI CASES on behalf of the Respondent [ IN ALL THE PETITIONS ] the court made the following order:-

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The petitioner in Crl.M.P.Nos.1172 to 1180 of 2018 is Mr.Chandrasekar son of A.S.Ramachandran had been found guilty for offences under Section 420, 409, 468 r/w 471, 467 r/w 471, 477-A of IPC and under Section 13 (2) r/w 13(1)(d) of PC Act for various period with fine in C.C.Nos. 52 to 60 of 2004 vide order dated 21.12.2012 by the learned XI Additional Special Judge for CBI cases, Chennai.

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Aggrieved by the said judgment of conviction and sentence, the Crl.A.Nos.14 of 2013 to Crl.A.Nos.22 of 2013 had been filed on the same being entertained by this Court.

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Pending for final disposal, this Court has suspended the sentence imposed on the petitioner vide order dated 10.01.2013. On condition that he should report before the Trial Court every week, this condition had been further relaxed from the order dated 26.04.2013. To the effect that he should report before once in three months on the first working day of the month. It is submitted by the petitioner that his daughter-in-law is on her family way and to attend her, he and his wife intend to visit USA and be with them for

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atleast six months. Hence, seeks permission to relax the condition as well as leave to travel abroad.

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The learned Special Public Prosecutor whot took notice and on verification, submits that the petitioner is complying the condition imposed by this Court by appearing before the Trial Court once in three months. Since, the Criminal Appeal is of the year 2013, if the counsel undertakes to conduct the appeal in the absence his client, leave of absence may be granted for short period instead of six months.

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Heard the learned counsel for the petitioner and the learned Special Public Prosecutor for the respondent.

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Taking note of the conduct of the petitioner who had been scrupulously abiding the condition imposed by this Court, permission to travel abroad is granted; on the following condition.

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(i) The petitioner immediately after obtaining Visa to enter USA, he shall furnish the copy of the documents to the Trial Court along with his travel documents and itinerary. His stay abroad shall not exceed four months. If the appeal is listed before his return, the learned counsel shall be ready to conduct the appeal and no adjournment shall be granted for the reason, the appellants absent.

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(ii) The petitioner shall also furnish the proposed address of his stay in abroad. During the period of stay in abroad, he need not report before the Trial Court in compliance with the condition imposed on 26.04.2013. However, on his immediate return, he should report within period of 15 days to the Trial Court and continue to report before the Trial court once in three months as per order dated 26.04.2013.

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(iii) Accordingly Criminal Miscellaneous petitions are allowed.

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-sd/02/02/2018

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This order, on being produced, be punctually observed and carried into execution by all concerned

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TRUE COPY

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Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.

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1 THE INSPECTOR OF POLICE, ACB, CBI, CHENNAI

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2 THE SPECIAL PUBLIC PROSECUTOR FOR CBI CASES, HIGH COURT, MADRAS.

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+4C.C. to M/S.V.V.SAIRAM Advocate on payment of necessary charges IN SR.NO. 2366

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Order

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in CRL MP.NOS.1172 to 1180 of 2018 in CRL A.NOS.14 to 22 of 2013

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Date :02/02/2018

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From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format

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MLT-15/02/2018

R.Chandrasekar, Aged 63 Years, v. State Rep. by

Case brief

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R.Chandrasekar, Aged 63 Years, v. State Rep. by

Case brief

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