Allowed

Farouk Irani, Aged 78 Years v. the Superintendent of Police

Madras HC26 Jul 2018CRL MP/6633/2018

Case brief

AI extract

What is this about?

Petitioner sought relaxation of a reporting condition imposed during interrogation, citing his wife's hospitalization. The Special Prosecutor did not oppose. The court modified the reporting frequency to once a month. Petitions allowed.

What did the court decide?

The petitioner is directed to appear before the Deputy Superintendent of Police, EOW, CBI on the first Monday of every month at 10.30 a.m., instead of every Tuesday. He must obey any future summons fo

Farouk Irani, Aged 78 Years Vs the… — Constitutional and Fundamental Rights | 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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Thursday, the Twenty Sixth day of July Two Thousand Eighteen

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PRESENT

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The Hon`ble Mr Justice S. BASKARAN

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CRIMINAL MISCELLANEOUS PETITION No.6633 TO 6641 of 2018

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IN CRL OP NOS.9828 TO 2017

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FAROUK IRANI [ PETITIONER IN ALL THE PETITIONS ] Vs THE SUPERINTENDENT OF POLICE [ RESPONDENT BANK SECURITIES AND FRAUD CELL, IN ALL THE PETITIONS ] CENTRAL BUREAU OF INVESTIGATION, BANGALORE. (REF.CR.NO.07(E)/2015 DATED 30.09.2015)[IN CRL.MP.6633/2018] (REF.CR.NO.08(E)/2015 DATED 09.11.2015)[IN CRL.MP.6634/2018] (REF.CR.NO.03(E)/2016 DATED 22.01.2016)[IN CRL.MP.6635/2018] (REF.CR.NO.09(E)/2016 DATED 31.05.2016)[IN CRL.MP.6636/2018] (REF.CR.NO.10(E)/2016 DATED 02.06.2016)[IN CRL.MP.6637/2018] (REF.CR.NO.11(E)/2016 DATED 08.06.2016)[IN CRL.MP.6638/2018] (REF.CR.NO.13(E)/2016 DATED 11.08.2016)[IN CRL.MP.6639/2018] (REF.CR.NO.06/2015 DATED 21.09.2015)[IN CRL.MP.6640/2018] (REF.CR.NO.02(E)/2016 DATED 08.01.2016)[IN CRL.MP.6641/2018]

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Petition praying that in the circumstances stated therein the High Court will be pleased to relax the condition the petitioner shall report before the respondent police CBI every Tuesday 10.00 a.m. imposed by this Honourable Court by a common order dated 31.10.2017 in Crl.M.P.NOS.13261 TO 13269 of 2017 in Crl.O.P.NOS.9828 TO 9834 OF 2017 AND 9589 & 9590 of 2017 respectively.

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Order : This petition coming on for orders upon perusing the petition and upon hearing the arguments of MR.A.RAMESH SENIOR COUNSEL FOR M/S.C.ARUN KUMAR, Advocate [IN ALL THE PETITIONS] for the petitioner and of MR.K.SRINIVASAN SPECIAL PUBLIC PROSECUTOR FOR CBI CASES [IN ALL THE PETITIONS] on behalf of the Respondent the court made the following order:-

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These petitions have been filed seeking to relax the condition the petitioner shall report before the respondent police CBI every Tuesday 10.00 a.m., imposed by this Court by a common order dated 31.10.2017 in Crl.M.P.No.13261 of 2017 in Crl.O.P.No.9828 of 2012.

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2.In fact, the condition imposed on the petitioner has been modified from time to time at the instance of the petitioner in earlier petitions. At present the petitioner has been complying https://hcservices.ecourts.gov.in/hcservices/ with the condition by reporting before the Deputy Superintendent of

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Police, EOW, CBI, Rajaji Bhavan , Besant Nagar, on every Monday at 10.30 a.m., from 15.11.2017 onwards.

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3.The learned counsel for the petitioner would submit that the petitioner is not in a position to comply with the above condition since his wife has been hospitalized having sustained grievous injuries and to look after her, his presence is very much required. The petitioner's wife is unable to move around due to the surgery and the petitioner is the only person to attend to the day today chorus of his wife and utmost care has to be given to her. Therefore, the learned counsel for the petitioner sought for relaxation of the condition.

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4.The learned Special Public Prosecutor for CBI Cases has not seriously opposed the petition.

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5.Considering the facts and circumstances of the case, the condition imposed by this Court on 31.10.2017 is modified as follows:-

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The petitioner is directed to appear before the Deputy Superintendent of Police, EOW,CBI, Rajajai Bhavan, Besant Nagar, Chennai on first Monday of every English Calender month at 10.30 a.m., until further orders. It is made clear that, as and when the C.B.I Bengaluru wants the petitioner for interrogation, he may be issued with summons and on receipt of the same, the petitioner shall appear before the C.B.I. Bengaluru without fail.

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These petitions are allowed accordingly. -sd/26/07/2018

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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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https://hcservices.ecourts.gov.in/hcservices/

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TO 1 THE ADDITIONAL CHIEF METROPOLITAN MAGISTRATE FOR CBI CASES AT CHENNAI. 2 THE DEPUTY SUPERINTENDENT OF POLICE, E.O.W., C.B.I., RAJAJI BHAVAN, BESANT NAGAR, CHENNAI. 3 THE SPECIAL PUBLIC PROSECUTOR FOR CBI CASES, HIGH COURT, MADRAS. 4 THE SUPERINTENDENT OF POLICE BANK SECURITIES AND FRAUD CELL, CENTRAL BUREAU OF INVESTIGATION, BANGALORE. C.C. to M/S.C.ARUN KUMAR Advocate on payment of necessary charges Order in CRL MP.6633 TO 6641 OF 2018 in Crl.O.P.NOS.9828 TO 9834 OF 2017 AND 9589 & 9590 of 2017 Date :26/07/2018

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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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MK:14/08/2018

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https://hcservices.ecourts.gov.in/hcservices/

Farouk Irani, Aged 78 Years v. the Superintendent of Police

Case brief

What is this about?

What did the court decide?

Farouk Irani, Aged 78 Years v. the Superintendent of Police

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

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