J.Jayapaul Mohan vs State Rep. By Inspector Of Police
2023 Latest Caselaw 4873 Mad

                                                                              Crl.M.P.No.6126 of 2023
                                                                               in Crl.A.No.185 of 2023

                            IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                     DATED : 26.04.2023

                                                            CORAM

                                  THE HON'BLE MRS. JUSTICE T.V.THAMILSELVI

                                                 Crl.M.P.No.6126 of 2023
                                                           in
                                                  Crl.A.No.185 of 2023

                 J.Jayapaul Mohan                                                ... Petitioner
                                                              Vs

                 State Rep. by Inspector of Police,
                 Special Investigation Cell,
                 Vigilance and Anti-corruption,
                 Chennai.                                                        ... Respondent

                 PRAYER : Criminal Miscellaneous Petition filed Under Section 482, Code

                 of Criminal Procedure praying to modify the conditions imposed on the

                 petitioner by order dated 02.03.2023 in Crl.M.P.No.2796 of 2023 in

                 Crl.A.No.185 of 2023 by granting exemption to the petitioner from

                 appearance before the Trial Court in the month of May, 2023 alone.

                                    For Petitioner      :     Mr.T.Saikrishnan

                                    For Respondent      :     Mr.A.Gokulakrishnan
                                                              Additional Public Prosecutor

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https://www.mhc.tn.gov.in/judis
                                                                             Crl.M.P.No.6126 of 2023
                                                                              in Crl.A.No.185 of 2023

                                                       ORDER

This Criminal Miscellaneous Petition has been filed seeking to

modify the conditions imposed on the petitioner by order dated 02.03.2023

in Crl.M.P.No.2796 of 2023 in Crl.A.No.185 of 2023 by granting

exemption to the petitioner from appearance before the Trial Court in the

month of May, 2023 alone.

2. The learned counsel for the petitioner submitted that the petitioner

has preferred the appeal aggrieved by the judgment dated 10.02.2023 of the

Special Judge, Special Court for trial of cases under the Prevention of

Corruption Act, Chennai, in C.C.No.10 of 2021, thereby convicting the

appellant for the offences under Section 7 of the Prevention of Corruption

Act and sentencing the petitioner to undergo rigorous imprisonment for a

period of three years with a fine of Rs.1,000/- in default to pay fine to

undergo simple imprisonment for three months. Thereafter, this Court

granted Suspension of sentence by order dated 02.03.2023 in

Cr.M.P.No.2796 of 2023 by imposing the following condition: "(iii) The

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petitioner shall appear before the trial Court monthly twice i.e., 1st and 15th

working day of every month at 10.30 a.m, for a period of six months", and

the petitioner is also complying the condition without fail from 15.03.2023.

He further submitted that, due to the 1st death anniversary of his Father-in--

law on 02.05.2023 and the wedding ceremony of his wife's sister's daughter

on 22.05.2023, which fall on the 1st & 15th working day, the petitioner is

not able to appear and sign before the trial Court. Therefore, the petitioner,

seeking exemption from signing before the trial Court on the above

mentioned dates, and filed this modification petition.

3.Heard, Mr.Saikrishnan, learned counsel for the petitioner and

Mr.A.GokulaKrishnan, learned Additional Public Prosecutor appearing for

the respondent.

4. Taking into consideration the facts and the submission made by

the learned counsel for the petitioner, Crl.M.P.No.2796 of 2023 in

Crl.A.No.185 of 2023, the condition imposed by this Court in para.7(iii) of

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the order dated 02.03.2023, passed in Crl.M.P.No.2796 of 2023 in

Crl.A.No.185 of 2023, which reads that "the petitioner shall appear before

the trial court monthly twice i.e., 1st and 15th working day of every month

at 10.30 a.m., for a period of six months" is modified, by granting

exemption to the petitioner from appearance before the Trial Court in the

month of May, 2023 alone, and the other conditions remain unaltered.

5. Accordingly, this Criminal Miscellaneous Petition is ordered.

26.04.2023 Index : Yes/No Speaking/Non Speaking order Nutral Citation:Yes/No

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Note: Issue order copy on or before 27.04.2023.

To

The Special Judge, Special Court for trial of cases under the Prevention of Corruption Act, Chennai.

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https://www.mhc.tn.gov.in/judis Crl.M.P.No.6126 of 2023 in Crl.A.No.185 of 2023

T.V.THAMILSELVI, J.

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Crl.M.P.No.6126 of 2023 in Crl.A.No.185 of 2023

26.04.2023

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