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Madras High CourtCRL MP/2562/2021modified

Vankatachalam v. State Rep.By Its

2021-03-08Honourable Mr Justice A.D.Jagadish Chandira3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Monday, the Eighth day of March Two Thousand Twenty One PRESENT The Hon`ble Mr Justice A.D.JAGADISH CHANDIRA CRIMINAL MISCELLANEOUS PETITION No.2562 of 2021 IN CRL OP.10656/2020 VANKATACHALAM [PETITIONER/ACCUSED-2] Vs STATE REP.BY ITS [RESPONDENT/COMPLAINANT] STATION HOUSE OFFICER, DCB CUDDALORE, CUDDALORE DISTRICT.

CRIME NO.12 of 2020 Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to modify the condition imposed by this Hon'ble court in Crl.OP.No.10656/2020 dated 20.07.2020 at paragraph 5(c) the petitioner shall deposit the original title deeds of the documents either belongs to him or to his relatives to the tune of Rs.10 lakhs before the concern Magistrate.

Order : This petition coming on for orders upon perusing the petition and the filed in support thereof and upon hearing the arguments of M/S.A.ARASU GANESAN, Advocate for the petitioner and of M/S.C.Iyyappa Raj, Additional Public Prosecutor on behalf of the Respondents the court made the following order:- This Criminal Miscellaneous Petition has been filed to modify the condition imposed by this Court to the petitioner in Crl.O.P.No.10656 of 2020, dated 20.07.2020 at Paragraph "5(c) the petitioner shall deposit the original title deeds of the documents either belongs to him or to his relatives to the tune of Rs.10 Lakhs before the concerned Magistrate".

2.This Court had earlier granted bail to the petitioner in Crl.O.P.No.10656 of 2020 on 20.07.2020 and also imposed a condition directing the petitioner to deposit the original title deeds of the documents either belonging to him or to his relatives to the tune of Rs.10 Lakhs before the concerned Magistrate" within a period of two

weeks after lifting of lockdown or the commencement of the Courts normal functioning whichever is earlier.

3.The learned Counsel for the petitioner would submit that neither the petitioner nor his relatives own any property worth about Rs.10 Lakhs. However, he would submit that the petitioner is prepared to deposit the original title deeds of immovable property worth about Rs.5 Lakhs before the concerned Magistrate. Hence, he seeks for modification.

4.Heard the learned Additional Public Prosecutor appearing for the respondent police.

5.Considering the facts and submissions of the learned Counsels, the condition 5(c) imposed on the petitioner in Crl.O.P.No.10656 of 2020 by order dated 20.07.2020, is modified to the effect that the petitioner shall deposit the original title deeds of immovable property worth Rs.5 Lakhs (Rupees Five lakhs Only) before the concerned Magistrate.

6. Further two weeks time is extended to comply with the conditions.

7.This petition is ordered accordingly.

-sd/- 08/03/2021 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 DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE, NEYVELI, CUDDALORE DISTRICT.

2 THE CHIEF JUDICIAL MAGISTRATE, CUDDALORE [FOR INFORMATION].

3 THE PUBLIC PROSECUTOR, HIGH COURT, MADRAS.

4 THE STATION HOUSE OFFICER, DCB CUDDALORE DISTRICT.

+1 C.C. to M/S.A.ARASU GANESAN Advocate on payment of necessary charges SR NO. 3001 Order in CRL MP.2562/2021 in CRL OP.10656/2020 Date :08/03/2021 From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format MN-11/03/2021