Madras High CourtCRL MP/509/2022ordered

Rani Elizabeth v. The State Rep By

2022-01-27Honourable Mrs Justice T.V.Thamilselvi3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Thursday, the Twenty Seventh day of January Two Thousand Twenty Two PRESENT The Hon`ble Mrs Justice T.V. THAMILSELVI CRIMINAL MISCELLANEOUS PETITION Nos.509 & 765 of 2022 IN CRL OP.23298/2021 RANI ELIZABETH [ PETITIONER / ACCUSED ] Vs THE STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, CENTRAL CRIME BRANCH, JOB RACKET WING, TEAM IX, VEPERY, CHENNAI.

CR. NO.495/2018.

Petition praying that in the circumstances stated therein the High Court will be pleased to (i) Modify the bail condition in Para No. 7(a) of the order is that the petitioner shall deposit a sum of Rs.35,00,000/- to the credit of Cr.No. 495 of 2018 within a further period of 6 weeks thereafter before the CCB and CBCID Metropolitan Magistrate Court, Egmore, Chennai, On such deposits being made, the learned CCB and CBCID METROPOLITAN MAGISTRATE COURT, EGMORE, CHENNAI shall obtain an affidavit of undertaking that from the defacto complainant in relation to the Cheque amount to the effect that in the event of the accused coming out on successful, the defacto complainant would return the amount to the accused and, thereafter, disburse the said amount of Cheque to the defacto complainant within a period of two weeks in Crl.O.P.No.

23298 of 2021 on 08.12.2021 in Cr.No.495 of 2018. [IN CRL.M.P.No.509 of 2022] (ii) Extend the time for furnishing sureties in Crl.O.P.No.23298 of 2021 dated 08.12.2021 dated 08.12.2021 in Cr.No.495 of 2018 pending on the file of the Respondent and thus render justice. [IN CRL.M.P.No.765 of 2022] Order: This petition coming on for orders upon perusing the petition and upon hearing the arguments of M/S. M.RAJAVELU, Advocate for the Petitioner and of MR.A.

Crl.M.P.No.509 of 2022 has been filed seeking to modify the bail condition in para No.7(a) of the order that the petitioner shall deposit a sum of Rs.35,00,000/- to the credit of Crime No.495 of 2018 within a further period of 6 weeks before the CCB and CBCID Metropolitan Magistrate Court, Egmore, Chennai.

2. Crl.M.P.No.765 of 2022 has been filed seeking to extend the time for furnishing sureties in Crl.O.P.No.23298 of 2021 dated 08.12.2021 in Crime NO.495 of 2018 pending on the file of the respondent.

3. The learned counsel for the petitioner submits that this Court while enlarging the petitioner on bail on 08.12.2021 in Crl.O.P.No.23298 of 2021 had imposed certain conditions and one of the conditions was that the petitioner has to deposit a sum of Rs.35,00,000/- to the credit of crime No. 495 of 2018 within a period of six weeks before CCB and CBCID Metropolitan Magistrate Court, Egmore, Chennai. He further submits that the petitioner was not able to mobilize the above said funds and also after the death of her husband she married one Manickam, and now she is six months pregnant. Since the petitioner was arrested and remanded to judicial custody, which was also published in medias she was not able to mobilize the funds. He further submits that the petitioner is ready and willing to deposit the title deeds worth about Rs.30,00,000/- which stands in her husband's name viz., the said Manickam to the credit of Crime No.495 of 2018. Hence, the petitioner seeks for modification of the above said condition and also to extend the time for furnishing the sureties.

4.The learned Additional Public Prosecutor submits that he has no objection for modifying the said condition and to extend the time for furnishing the sureties.

5. Taking into consideration the facts and circumstances of the case, the condition in Paragraph No.7 (a) shall stand modified as follows:- the petitioner herein shall deposit a sum of Rs.5,00,000/- in cash to the credit of Crime No.495 of 2018 and the petitioner herein to deposit the title deed of the property belongs to her husband for the remaining amount of Rs.30,00,000/- to the credit of Crime No.495 of 2018 along with encumbrance certificate before the concerned Court and the petitioner and her husband are directed to file an affidavit before the concerned Court that they will not create any encumbrance over the property nor they claim title deeds until the disputes are solved.

6. Except the above modification, the other conditions imposed by the Court in Crl.OP.No.23298 of 2021 on 08.12.2021, shall remain unaltered.

7. Time granted by the Court below in the Order passed in Crl.OP.No.23298 of 2021 dated 08.12.2021 is extended till 25.02.2022.

8. Accordingly, both the Criminal Miscellaneous Petitions are ordered.

-sd/- 27/01/2022 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 CCB AND CBCID METROPOLITAN MAGISTRATE COURT, EGMORE, CHENNAI.

2 THE INSPECTOR OF POLICE, CENTRAL CRIME BRANCH, JOB RACKET WING, TEAM IX, VEPERY, CHENNAI.

3 THE PUBLIC PROSECUTOR, HIGH COURT, MADRAS.

+1 C.C. to M/S. M.RAJAVELU Advocate on payment of necessary charges SR.NO.1413 Order in CRL MPS.509 & 765/2022 in CRL OP.23298/2021 Date :27/01/2022 From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format INBA~10/02/2022