The High Court of Madras condoned the petitioner's absence from the trial court for nine months during the COVID-19 lockdown, accepting her affidavit-based reasons regarding age and pandemic restrictions.
The petitioner's absence during April 2020 to December 2020 was condoned.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction )
Wednesday, the Twenty Fourth day of March Two Thousand Twenty One
PRESENT
The Hon`ble Mr Justice A.D.JAGADISH CHANDIRA
CRIMINAL MISCELLANEOUS PETITION No.3124 of 2021
IN CRL.A.No.79 of 2011
PARVATHY AMMAL [ PETITIONER / ACCUSED-1 ]
Vs
STATE REP BY [ RESPONDENT / COMPLAINANT ] THE INSPECTOR OF POLICE
SPE CBI CHENNAI.
Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to condone the absence of reporting of the petitioner from April 2020 to December 2020 before the XI Additional Judge for CBI, Chennai in Crl.MP.No.1/2011 in Crl.A.No.79/2011.
Order : This petition coming on for orders upon perusing the petition and the filed in support thereof and upon hearing the arguments of M/S. C.SIVAKUMAR, Advocate for the Petitioner and of MR.K.SRINIVASAN, Special Public Prosecutor for CBI Cases on behalf of the Respondent the court made the following order:-
The Criminal Miscellaneous Petition has been filed, seeking to condone the absence of the petitioner in complying with the condition imposed by this Court in Crl.M.P.No.1 of 2011 dated 04.02.2011 in Crl.A.No.79 of 2011, directing the petitioner to appear before the XI Additional Judge for CBI Cases, Chennai, on the first working day of every month at 10.30 a.m. pending appeal.
-sd/24/03/2021 This order, on being produced, be punctually observed and carried into execution by all concerned TRUE COPY Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104. TO 1 THE XI ADDITIONAL JUDGE (CBI CASES, RELATING TO BANK AND FINANCE INSTITUTIONS), CITY CIVIL COURT, CHENNAI. 2 THE SPECIAL PUBLIC PROSECUTOR FOR CBI CASES, HIGH COURT, MADRAS. 3 THE INSPECTOR OF POLICE SPE/CBI/ACB CHENNAI.
C.C. to M/S.C.SIVAKUMAR Advocate on payment of necessary charges
Order in CRL MP.3124/2021 in CRL.A.79/2011 Date :24/03/2021
From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format cs 30/03/2021
2 issues framed by the court
Whether the petitioner's absence from the trial court between April 2020 and December 2020 should be condoned.
Whether the grounds of age and COVID-19 lockdown are sufficient to warrant condonation of default.
PARVATHY AMMAL
STATE REP BY THE INSPECTOR OF POLICE SPE CBI CHENNAI
A.D.JAGADISH CHANDIRA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
