Madras High CourtCRL OP/1232/2021dismissed

Kumaran v. State By,

2021-01-29Honourable Mr Justice P. Velmurugan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.02.2021

CORAM

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN N.Mani, Son of Narayanan .. Petitioner Vs.

The State Rep. by the Inspector of Police, EOW II, Namakkal, Namakkal District-637001.

(Crime No.1 of 2019) .. Respondent PRAYER: Criminal Original Petition has been filed under Sections 439 (1) (b) of the Code of Criminal Procedure, to set aside conditions 1 to 3 imposed by the Special Judge, TANPID Act, Coimbatore in Crl.M.P.No.1247 of 2020 dated 14.12.2020 and modify the conditions and release the petitioner on his own bond.

For Petitioner : Mr.V.Krishnamurthy For Respondent : Mr.S.Karthikeyan Additional Public Prosecutor

O R D E R

This Criminal Original Petition has been filed seeking to set aside conditions 1 to 3 imposed by the Special Judge, TANPID Act, Coimbatore in Crl.M.P.No.1247 of 2020 dated 14.12.2020 and modify the conditions

and release the petitioner on his own bond.

2. The petitioner has been implicated in this case for the offence under Sections 120(b), 420 IPC and Section 5 of TNPID Act 1997 and Section 3,4,5 and 21 of Banning of Unregulated Deposit Scheme Act in Crime No.1 of 2019 and he was arrested and remanded to judicial custody on 15.10.2020. Subsequently, the petitioner filed a bail application in Cr.M.P.No.1247 of 2020. On 14.12.2020, the Court below granted bail with condition that that the petitioner shall execute a bond for a sum of Rs.5 lakhs. To modify the aforesaid condition, the present petition has been filed.

3. The learned counsel for the petitioner submitted that the petitioner is innocent and he does not hold any previous history of cases and is languishing in jail for more than three months including over one month after granting of bail due to non-compliance of the bail conditions which are impossible to comply. Hence he prays to modify the condition to the effect that he shall execute a bond for a sum of Rs.3,00,000/- instead of Rs.5,00,000/- as ordered by the Court below.

4. Heard the learned Additional public prosecutor appearing for the respondent police.

5.Considering the facts and circumstances of the case, the condition imposed by the Court below is modified to the effect that the petitioner is directed to execute a bond for a sum of Rs.3,00,000/- instead of Rs.5,00,000/-. The other conditions imposed by the Court below remains intact.

6. This Criminal Original Petition is disposed of, with the above modification.

05.02.2021 kal

V.BHARATHIDASAN,J kal To 1.The Special Judge, TANPID Act, Coimbatore.

2.The Inspector of Police, EOW II, Namakkal, Namakkal District-637001.

3.The Public Prosecutor, Madras High Court.

05.02.2021