Divya v. State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction ) Friday, the Eighteenth day of March Two Thousand Twenty Two PRESENT The Hon`ble Mrs Justice T.V. THAMILSELVI CRIMINAL MISCELLANEOUS PETITION Nos.1954 & 1957 of 2022 IN CRL OP.844/2022 1 DIVYA [PETITIONERS IN BOTH CRL.MPS] 2 SENTHIL Vs STATE REP BY [RESPONDENT IN BOTH CRL.MPS] INSPECTOR OF POLICE, CENTRAL CRIME BRANCH, TEAM-VII, EGMORE, CHENNAI.
CR.NO. 209/2021.
Petitions praying that in the circumstances stated therein the High Court will be pleased to (i)modify the condition imposed in para no. 5(b)(ie) the petitioner shall deposit a sum of Rs.30,00,000/- (Rupees Thirty lakhs only) to the credit of the Cr.NO.209 of within two weeks from today and on such deposit, the petitioners shall executive two sureties for sum of Rs.10,000/- (Rupees Ten thousand only) each, before the learned CCB and CBCID Metropolitan Magistrate, Egmore, chennai within 15 days from the date of commencement of the courts normal functioning, in Crl.OP.No.844 of 2022 dated 12.01.2022.(IN CRL.MP.1954/2022) (ii)extend the time for complying the order passed in Crl.OP.No.844 of 2022 dated 12.01.2022.(IN CRL.MP.
1957/2022) Order : These petitions coming on for orders upon perusing the petitions and upon hearing the arguments of M/S.V.LOGESWAREN, Advocate for the petitioner(IN BOTH CRL.MPS)and of MR.L.BASKARAN,Govt. Advocate (Crl. Side)(IN BOTH CRL.MPS)on behalf of the Respondent the court made the following order:- The present petition (Crl.MP.No.1954 of 2022) has been filed to modify the condition imposed on the petitioners in Para 5 (b ) of the order dated 12.01.2022 passed by this Court in Crl.O.P.No.844 of 2022 while granting bail.
2. The learned counsel for the petitioners has submitted that the condition imposed on the petitioner that they shall deposit a sum of Rs.30,00,000/- to the credit of Crime No.209 of 2021 within two weeks from the date of receipt of a copy of this Order and on such deposit, the petitioners shall execute two sureties for a sum of Rs.10,000/- each before the learned CCB and CBCID Metropolitan Magistrate, Egmore, Chennai, has to be modified. He further submits that due to Covid pandemic, he is not able to mobilize the huge amount, hence he seeks modification.
3. The learned Government Advocate (Crl. Side) raised objection stating that the petitioners conducted an un-registered chit fund and collected more than 1,50,00,000/- from the subscribers and failed to repay the same. He further submitted that the petitioners came out from Jail, but, they have not complied with the order of this Court with regard to a deposit of sum of Rs.30,00,000/- and nor they appeared before the respondent.
4. Considering the above facts, it is clear that the petitioners have not complied with the order as imposed by this Court and also more than one crore has been involved in this Case. Hence, this Court is not inclined to modify the condition.
5. Accordingly, this Criminal Miscellaneous Petition is dismissed. However, this Court shall extend a further period of two weeks to the petitioners to comply with the order from the date of receipt of a copy of this order.
-sd/- 18/03/2022 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 INSPECTOR OF POLICE, CENTRAL CRIME BRANCH, TEAM-VII, EGMORE, CHENNAI.
4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
C.C. to M/S.V.LOGESWAREN Advocate on payment of necessary charges Sr.4209 Order in CRL MP.Nos.1954 & 1957 of 2022 in CRL OP.844/2022 Date :18/03/2022 From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format RVR 28/03/2022