G.Umapathy v. The Superintendent

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.02.2019

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.2150 of 2019 G.Umapathy

...Petitioner

Vs.

The Superintendent Senior Intelligence Office, Directorate of Revenue Intelligence, Chennai.

...Respondent

PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C.,to modify the conditions imposed in the order, dated 12.12.2018 passed in F.No.DRI/CZU/VIII/48/ENQ-01/INT-37/2018 on the file of Directorate of Revenue Intelligence-Chennai. For Petitioner : Mr.A.K.Jayaraj For Respondent : Mr.N.P.Kumar Special Public Prosecutor

ORDER

This Criminal Original Petition has been filed seeking to modify the condition imposed in the order dated 12.12.2018 passed in F.No.DRI/CZU/VIII/48/ENQ-01/INT-37/2018, on the file of Directorate of Revenue Intelligence, Chennai, while granting bail to the petitioner.

2.The petitioner was arrested by the respondent for an offence under Section 135 of the Customs Act, 1962 on 12.12.2018. The petitioner has filed a petition seeking for bail before the respondent and was released on bail on the same day as the offence being bailable in nature on the following conditions.

" (a) A bail bond for a value of Rs.20,000/- (Rupees Twenty Thousand only) (b) Two Sureties having properties in their names https://hcservices.ecourts.gov.in/hcservices/

with original tax paid receipts.

(c) Cash security of Rs.20,000/- (Rupees Twenty Thousand only) (d) Identity proof of the two sureties (Voter Card/driving licence/ration card)."

3. The learned counsel for the petitioner submitted that subsequently, the condition was modified on 24.01.2019 and the petitioner was directed to appear before the respondent on every Monday at 11.30 a.m.. The petitioner is complied with the condition on 12.12.2018 onwards without fail. The learned counsel would further submit that this Court may consider to modify the conditions.

4. The learned Special Public Prosecutor also submitted that on 12.12.2018 onwards the above said condition was modified and the petitioner is also complied with the conditions.

5. Considering the above facts and circumstances, this Court is inclined to modify the condition. Accordingly, the petitioner is directed to appear before the respondent once in a week at 11.30 a.m., for a period of two weeks and thereafter as and when required.

6. This Criminal Original Petition stands disposed of with the above directions.

Sd/- Deputy Registrar //True copy// Sub Assistant Registrar mpa/rpl To 1.The Superintendent Senior Intelligence Office, Directorate of Revenue Intelligence, Chennai.

2.The Special Public Prosecutor, High Court of Madras.

+1cc to Mr.AK.Jayaraj, Advocate SR.No.9949 Crl.O.P.No.2150 of 2019 GMY(19/02/2019) https://hcservices.ecourts.gov.in/hcservices/