V.Ruba v. The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 07-04-2025
CORAM
THE HONOURABLE MR JUSTICE SUNDER MOHAN CRL OP Nos.1737 & 1750 of 2025 and Crl.M.P.Nos.2504 & 2507 of 2025 In Crl.OP.No.1737 of 2025:
V. Ruba Petitioner
Versus
The Inspector of Police, CCB-1, Egmore, Chennai.
(Crime No.214/2024) Respondent In Crl.OP.No.1750 of 2025:
1.V. Ruba 2.N. Vigneshwaran Petitioners
Versus
The Inspector of Police, CCB-1, Egmore, Chennai.
(Crime No.214/2024) Respondent Prayer in Crl.O.P.No.1737 of 2025:
Criminal Original Petition has been filed under Section 483(1)(b) of BNSS, 2023, to modify the condition 21(d) viz., "The petitioner shall appear before the respondent Police daily at 10:00 A.M., until further orders." passed by this Hon'ble Court in Crl.M.P.No.35513 of 2024 in Crime No.214 of 2024 on the file of the respondent Police by its order dated 13.12.2024. 1/6
Prayer in Crl.O.P.No.1750 of 2025:
Criminal Original Petition has been filed under Section 528 of BNSS, 2023, to modify the condition 21(a) viz., "The petitioner in Crl.M.P.No.34662/2024 and the petitioners 1 & 2 in Crl.M.P.No.35513 of 2024 shall deposit a sum of Rs.4,00,00,000/- (Rupees Four Crores Only) into the credit of the Crime No.214/2024 before the said Court as undertaken by them within 45 days from the date of this order" passed by this Hon'ble Court in Crl.M.P.No.35513 of 2024 in Crime No.214 of 2024 on the file of the respondent Police by its order dated 13.12.2024. For Petitioner : Mr. J. Moin For Respondent : Mr. S. Santhosh, Govt. Advocate (Crl.Side) For Intervenor : M/s. Kadambari Suresh COMMON ORDER This Criminal Original Petitions have been filed seeking to modify the condition in para No.21(a) and 21(d) imposed on the petitioners vide order dated 13.12.2024 in Crl.M.P.No.35513 of 2024 in connection with Crime No.214 of 2024 passed by the Principal District Sessions Judge, Chennai.
2. Learned counsel appearing for the petitioners would submit that the petitioner was granted anticipatory bail in Crl.M.P.No.35513 of 2024 dated 13.12.2024 in connection with Crime No.214 of 2024; that 2/6
while granting anticipatory bail, the learned Principal District Sessions Judge imposed a condition that the petitioners/1 and 2 shall deposit a sum of Rs.4,00,00,000/- (Rupees Four Crores Only) to the credit of Crime No.214 of 2024, within 45 days from the date of that order; that the petitioners are husband and wife; the first petitioner was detained for judicial custody for a case and that she is unable to comply with conditions; that in respect of the second petitioner, he is the sole breadwinner of the family and due to poor financial situation, he is unable to comply with the conditions. Hence, he prayed for modification of the aforesaid conditions imposed on the petitioners.
3. The learned counsel for the Intervener submitted that the petitioners have not made out any ground for modification since the condition was imposed only on the voluntary submission made by the learned counsel for the petitioners. Heard the learned Government Advocate (Criminal Side) appearing for the respondent police and perused the materials available on record.
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4. In the impugned order it is observed as follows: "The learned counsel for the petitioner further submitted that he is ready to deposit a sum of Rs.4 Crores to prove his bonafide."
When the matters were listed before this Court earlier, considering the submissions made on either side, this Court was inclined to modify the condition it was imposed on voluntary submission made by the learned counsel for the petitioners that they would deposit the money.
5. At that juncture, the learned counsel for the petitioners voluntarily submitted that instead of cash deposit, the petitioners may be permitted to deposit the title deeds of their property worth Rs.2,00,00,000/- [Rupees Two Crores Only] and sought time to file an affidavit furnishing the details of their property worth Rs.2,00,00,000/- [Rupees Two Crores Only].
6. Though, this Court had adjourned the case twice, the petitioners had not filed such an affidavit. Even today, the petitioners sought an adjournment by stating that the affidavit is not yet ready. 4/6
7. In view of the aforesaid conduct of the petitioners, this Court is not inclined to entertain these modification petitions. Accordingly, these Criminal Original Petitions are dismissed. Consequently, the connected Criminal Miscellaneous Petitions are also closed. 07.04.2025 (1/2) klt To 1.The Inspector of Police, CCB-1, Egmore, Chennai.
(Crime No.214/2024) 2.The Public Prosecutor, High Court, Madras.
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SUNDER MOHAN,J.
klt CRL OP Nos.1737 & 1750 of 2025 and Crl.M.P.Nos.2504 & 2507 of 2025 07.04.2025 (1/2) 6/6