1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.01.2011 CORAM THE HONOURABLE MR.JUSTICE V.PERIYA KARUPPIAH Crl.O.P.(MD).No.202 of 2011 Subburaj ...Petitioner Vs The State represented through :: The Inspector of Police Economic Offences, Wing II, Virudhunagar ... Respondent PRAYER: Petition filed under Section 482 of the Code of Criminal Procedure, to set aside the order made in Crl.M.P.No. 2752 of 2010 dated 21.12.2010, passed by the Honourable Sessions Judge, (TANPID ACT), Madurai. For Petitioner : Mr.D.Sadiq Raja For Respondent : Tmt. Devasena, Government Advocate O R D E R This Petition has been filed by the petitioner seeking to set aside the order made in Crl.M.P.No. 2752 of 2010, dated 21.12.2010, passed by the Honourable Sessions Judge, (TANPID ACT), Madurai. 2. Heard Mr.D.Sadiq Raja, learned counsel appearing for the petitioner and Tmt. Devasena, learned Government Advocate (Crl. Side) appearing for the State. 3. The learned counsel appearing for the petitioner would submit in his argument that the petitioner met with an accident on 10.12.2010 and he was admitted in the hospital and he is taking treatment and he applied before the Lower Court for relaxing the condition, but the Lower Court had passed an order directing the petitioner to appear before the said Court on every Monday instead of relaxing the condition in toto. Therefore, it has become necessary for the petitioner to apply to this Court for setting aside the order of the said Court. He would also submit that the doctor certificate produced in the typed set of papers would go to show that the petitioner is still taking treatment and it will take further two months time to recover and to continue the compliance of the conditions. Therefore, he would request that suitable orders may be passed in the circumstances of the case. 4. The learned Government Advocate would submit in her argument that the petitioner could have produced the said medical certificate before the Lower Court for perusal of the said Court at the time of relaxing the condition imposed against him. The said certificate has been produced only before this Court. More over, she would also submit that the doctor certificate would not disclose how long, he would require treatment for the said injury sustained by him in the said accident. Therefore, she would request that suitable conditions may be issued in the circumstances, the order passed by the Lower Court is likely to have set aside or modified or postponed, so as to secure the presence of the petitioner. https://hcservices.ecourts.gov.in/hcservices/ 2 5. Considering the submissions made on both sides, this Court could see that the petitioner was granted bail with stringent conditions and accordingly he was complying with the conditions for 24 days and on 10.12.2010, he met with an accident and sustained fracture injuries in his ribs and left clavicle and consequently affected by hypertension and hemiparesis. He has been admitted in the hospital at K.K.Nagar where he is taking treatment. He has also produced a certificate issued from the said hospital, which would show that he is still taking treatment and he is unfit to normal or manual work. However, the said certificate was not produced before Lower Court, while seeking for the relaxation of the condition in Crl.M.P.No. 2752 of 2010. Therefore, the Lower Court had passed an order directing the petitioner to sign before the Court on every Monday until further orders. Now, it has been shown to the Court that the petitioner is still taking treatment and it will take further time to recover from the said injuries. Therefore, this Court is inclined order postponement of the order passed by the Lower Court, on 21.12.2010 made in Crl.M.P.No. 2752 of 2010, for another period of 45 days from today. However, the petitioner is directed to comply with the conditions imposed against him after the lapse of 45 days period. 6. With the aforesaid direction, this Petition is disposed of. SD ASST REGISTRAR ( CO ) /TRUE COPY/ SUB ASST REGISTRAR vsg To 1. The Sessions Judge, TNPID Act, Madurai. 2. The Inspector of Police Economic Offences, Wing II,Virudhunagar 3. The Public Prosecutor Madurai Bench of Madras High Court, Madurai 1CC TO MR.D SADIQ RAJA, ADVOCATE, SR: 1333: DM:2011:JAN:20: Crl.O.P.(MD).No.202 of 2011 11.01.2011 2P;5C:: https://hcservices.ecourts.gov.in/hcservices/