The Madras High Court modified the condition imposed on the petitioner under Section 438 CrPC (implied context of bail), reducing the required court appearance from monthly to every four months, with the respondent's consent.
The condition to appear every month was modified to appear once every four months starting May 2021.
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 )
Friday, the Twenty Sixth day of March Two Thousand Twenty One
PRESENT
The Hon`ble Mr Justice A.D.JAGADISH CHANDIRA
CRIMINAL MISCELLANEOUS PETITION No.3622 of 2021
IN CRL.R.C.No.1531 OF 2018 M.SIVASUBRAMANIAN [ PETITIONER ] VS
BALAKRISHNAN [ RESPONDENT ]
Petition praying that in the circumstances stated therein the High Court will be pleased to modified the condition imposed in Para 7 of the Common order in Crl.MP.NO.17979 of 2018 in RC.No.1531 of 2018 by this Honble court dated 27.12.2018, and pending disposal of the above said Crl.R.C.No.1531 of 2018.
Order : This petition coming on for orders upon perusing the petition and upon hearing the arguments of M/S.P.TAMILAVEL, Advocate for the petitioner and of M/S T.MURUGANANTHAM, Advocate on behalf of the Respondent the court made the following order:-
This petition has been filed seeking to modify the condition imposed on the petitioner in para No.7 of the common order in Crl.M.P.No.17979 of 2018 in Crl.R.C.No.1531 of 2018, dated 27.12.2018, directing the petitioner to appear before the trial Court on the first working day of every Englidh Calendar Month at 10.30 a.m. until further orders.
2.The learned counsel for the petitioner would submit that the petitioner has been complying with the conditions regularly and hence, he seeks for modification.
3.The learned counsel appearing for the respondent submits that he has no objection in modification of condition.
4.In view of the above submissions, the condition imposed on the petitioner in Crl.M.P.No.17979 of 2018 in Crl.R.C.No.1531 of 2018 is modified to that the effect that the petitioner shall appear before the trial Court once in every four months on the first working day of the particular month at 10.30 a.m., starting from the month of May 2021, until further orders.
-sd/26/03/2021 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 JUDICIAL MAGISTRATE,
NO.I, JAYAKONDAM
2 THE CHIEF JUDICIAL MAGISTRATE
ARIYALUR(FOR INFORMATION)
3 THE ADDITIONAL DISTRICT AND
SESSIONS JUDGE, ARIYALUR
C.C. to M/S.P.TAMILAVEL Advocate on payment of necessary
charges SR.NO.4153
Order
in
CRL MP.3622/2021
IN CRL.R.C.No.1531 OF 2018
Date :26/03/2021
From 7.2.2001 the Registry is issuing certified
copies of the BAIL/Anti.BAIL Orders in this format
rvr 09/04/2021
1 issue framed by the court
Whether to modify the bail condition requiring monthly appearance to a quarterly appearance.
M.Sivasubramaniam
Balakrishnan
A.D. JAGADISH CHANDIRA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
