M.R.Bhaarath v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Friday, the Twenty Eighth day of January Two Thousand Twenty Two PRESENT The Hon`ble Mrs Justice T.V. THAMILSELVI CRIMINAL MISCELLANEOUS PETITION No.431 of 2022 IN CRL OP.22979/2021 1 M.R.BHAARATH [ PETITIONERS ] 2 RAMYA BHAARATH Vs STATE REP BY [ RESPONDENT ] CCB, TEAM-I, VEPPERY, CHENNAI- 600 007 (CRIME NO. 157 OF 2021) Petition praying that in the circumstances stated therein the High Court will be pleased to modify the condition (a) the petitioners shall deposit a sum of Rs. 50,00,000/- (Rupees Fifty Lakhs Only) to the credit of Cr.No.157 of 2021 before the Metropolitan Magistrate - Special Court for CCB and CBCID Egmore, Chennai Within a period of three weeks from the date of receipt of a copy of this order.

On such deposit being made, the learned Metropolitan Magistrate - Special court for CCB and CBCID Egmore, Chennai shall disburse a sum of Rs. 25,00,000/- to the defacto complainant obtaining an affidavit of undertaking from the defacto complainant that in the event of the petitioners succeeding the case, the amount of Rs.25,00,000/- received by him would be returned back to the petitioners to the credit of Cr.No.157 of 2021 will be returned to the petitioners within a period of two weeks from the date of deposit. Imposed in Crl.o.P.No.22979 of 2021 dated 07/12/2021.

Order : This petition coming on for orders upon perusing the petition and upon hearing the arguments of M/S N.R.ELANGO SENIOR COUNSEL FOR M/S.A.S.ASWIN PRASANNA, Advocate for the petitioner and of MR.A.GOKULAKRISHNAN, ADDITIONAL PUBLIC PROSECUTOR on behalf of the Respondent and of M/S M.DEIVANANDAM Advocate for the Intervenor the court made the following order:- This Crl.M.P.No.431 of 2022 has been filed to modify the condition imposed in Crl.O.P.No.22979 of 2021 dated 07.12.2021 (a) the petitioners shall deposit a sum of Rs.50,00,000/- (Rupees Fifty Lakhs Only) to the credit of Cr.No.157 of 2021 before the

Metropolitan Magistrate-Special Court for CCB and CBCID Egmore, Chennai within a period of three weeks from the date of receipt of a copy of this order. On such deposit being made, the learned Metropolitan Magistrate-Chennai shall disburse a sum of Rs.25,00,000/- to the defacto complainant upon obtaining an affidavit of undertaking from the defacto complainant that in the event of the petitioners succeeding the case, the amount of Rs.25,00,000/- received by him would be returned back to the petitioners to the credit of Crime No.157 of 2021 within a period of two weeks from the date of deposit.

2. Heard. The counsel for the intervenor raised objection stating that already they have suffered.

3. This Court modifies the condition as follows: the petitioner shall deposit a sum of Rs.25,00,000/- instead of Rs.50,00,000/- and for remaining deposit of Rs.25,00,000/-, the petitioner shall produce a Original title deed along with encumbrance certificate, which is annexed at page No.22 Document No.1589 of 2008 within a period of four weeks from the date of receipt of a copy of this order. The petitioner shall also file an affidavit undertaking not to encumber the property. On such deposit, the de facto complainant may be permitted to withdraw the said amount by giving an undertaking of affidavit that in the event of the petitioners succeeding the case, the amount of Rs.25,00,000/- received by him would be returned back to the petitioners to the credit of Crime No.157 of 2021 within a period of two weeks from the date of deposit.

Four weeks time is granted to comply with the aforesaid condition. -sd/- 28/01/2022 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 METROPOLITAN MAGISTRATE SPECIAL COURT FOR CCB & CBCID EGMORE, CHENNAI 2 THE CHIEF METROPOLITAN MAGISTRATE, EGMORE, CHENNAI(FOR INFORMATION)

3 THE INSPECTOR OF POLICE, CCB, TEAM-I, VEPPERY, CHENNAI- 600 007 4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+2 C.C. to M/S. A.S.ASWIN PRASANNA Advocate on payment of necessary charges SR.1619 Order in CRL MP.431/2022 in CRL OP.22979/2021 Date :28/01/2022 From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format RVR 08/02/2022