Bharath Kumar v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Thursday, the Tenth day of March Two Thousand Twenty Two PRESENT The Hon`ble Mrs Justice T.V.THAMILSELVI CRIMINAL MISCELLANEOUS PETITION No.1707 of 2022 IN CRL OP.1230/2022 BHARATH KUMAR [ PETITIONER ] Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, CENTRAL CRIME BRANCH, BANK FRAUD PREVENTION WING, TEAM-31, VEPERY, CHENNAI.

(CR.NO.179/2021) Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to Modify the conditions imposed in Para 5(b) in Crl.OP.1230/2022 on the file of this Hon'ble Court connected in Crime No.179/2021 pending investigation on the file of the respondent.

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 P.EZHIL NILAVAN, Advocate for the petitioner, and of MR.L.BASKARAN, Govt. Advocate ( Crl. Side) on behalf of the Respondent, the court made the following order:- The present petition has been filed to modify the condition imposed on the petitioner in Para 5(b) of the order dated 20.01.2022 passed by this Court in Crl.O.P.No.1707 of 2022 while granting anticipatory bail.

2. The learned counsel for the petitioner has submitted that the condition imposed on the petitioner that the petitioner shall deposit a sum of Rs.5,00,000/- to the credit of Crime No.179 of 2021 and on such deposit, the complainant's bank is permitted to withdraw the said deposit amount of Rs.5,00,000/- on proper identification and acknowledgment has to be modified and instead of that he prayed that

Rs.3,00,000/- may be ordered to be deposited. He further submits that the petitioner is a Land Broker and he has received Rs.2,46,000/-. Due to Covid pandemic , he has not mobilize the huge amount, hence he seeks modification.

3. Heard the learned Government Advocate (Crl. Side) appearing for the respondent police.

4. In the above circumstances, this petition is allowed by modifying the condition to the effect that the petitioner shall deposit a sum of Rs.3,00,000/- (Rupees Three Lakhs only) instead of Rs.5,00,000/- to the credit of Crime No.179 of 2021 and on such deposit, the complainant bank is permitted to withdraw the said deposit amount of Rs.3,00,000/- by filing an undertaking affidavit before the learned CCB/CBCID Metropolitan Magistrate, Egmore, Chennai, within a period of two weeks from the date on which, the order copy was made ready.

5. Except the above modification , all other conditions imposed by this Court in its order dated 20.01.2022 in Crl.OP.No.1230 of 2022 shall stand unaltered.

6. With the above modification, this Criminal Original Petition is allowed.

-sd/- 10/03/2022 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 CCB / CBCID METROPOLITAN MAGISTRATE, EGMORE, CHENNAI.

2 THE CHIEF METROPOLITAN MAGISTRATE, EGMORE, CHENNAI. [FOR INFORMATION] 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

4 THE INSPECTOR OF POLICE, CENTRAL CRIME BRANCH, BANK FRAUD PREVENTION WING, TEAM - 31, VEPERY, CHENNAI.

+1 C.C. to M/S P.EZHIL NILAVAN Advocate on payment of necessary charges SR.NO.3825 Order in CRL MP.1707/2022 in CRL OP.1230/2022 Date :10/03/2022 From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format TA-16/03/2022