Madras High CourtCRL OP/12865/2015modified

S.Manivannan v. State By The Deputy

2015-06-02Honourable Mr Justice R.Subbiah2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.06.2015

CORAM:

THE HON'BLE MR.JUSTICE R.SUBBIAH Crl.O.P. No.12865 of 2015 S.Manivannan .. Petitioner/Accused-2 Vs.

State by, Deputy Superintendent of Police, Economic Offences Wing No.II, Namakkal District.

Namakkal.

(Crime No.1 of 2015) .. Respondent/Complainant Criminal Original Petition filed under Section 482 of Cr.P.C., to modify the condition imposed by the learned Special Judge, Special Court under TNPID Act Cases, Coimbatore in Crl.M.P.No.416 of 2015 dated 12.05.2015 as this petitioner should deposit a sum of Rs.10,00,000/- before the said Court.

For Petitioner : Mr.S.Kumaresan For Respondent : Mr.M.Mohamed Riyaz Govt. Advocate (Crl.side)

O R D E R

The present petition has been filed to modify the condition imposed by the learned Special Judge, Special Court under TNPID Act Cases, Coimbatore, in Crl.M.P.No.416 of 2015, dated 12.05.2015.

2. While granting bail, one of the conditions imposed by the learned Special Judge, Coimbatore, is that the petitioner should deposit a sum of Rs.10,00,000/- before the Special Judge, Coimbatore. Aggrieved over the said condition, the present petition has been filed.

3. Learned counsel for the petitioner submitted that the entire assets were seized by the respondent and they were not in a position to deposit a sum of Rs.10 lakhs. Though the bail was granted as early as on 12.05.2015 till today they were not able to come out on https://hcservices.ecourts.gov.in/hcservices/

bail because of the onerous condition imposed by the learned Special Judge, Coimbatore.

4. Learned Government Advocate (Crl.side) vehemently opposed to relax the condition.

5.However, considering the fact that the entire properties and assets were seized by the respondent, I am of the opinion that the condition imposed by the court below could be modified.

6. Accordingly, the condition imposed on the petitioner in C.M.P.No.416of 2015 dated 12.05.2015, passed by the learned Special Judge, Special Court under TNPID Act Cases, Coimbatore, is modified to the effect that "instead of the petitioner depositing a sum of Rs.10,00,000/- before the Special Judge, Special Court under TNPID Act Cases, Coimbatore, the petitioner shall deposit a sum of Rs.3,00,000/- before the Special Judge, Special Court under TNPID Act Cases, Coimbatore". All the other conditions imposed in the order passed in Crl.M.P.No. 416 of 2015 dated 12.05.2015 by the learned Special Judge, Special Court under TNPID Act Cases, Coimbatore, remain unaltered.

7. With the above modification, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar smi To,

1. The Special Judge, Special Court under TNPID Act Cases, Coimbatore.

2. 2. The Deputy Superintendent of Police, Economic Offences wing No.II, Namakkal Dt. (Crime No.1/15).

3. . The Public Prosecutor, High Court, Chennai. + 1 cc to M/s. S.Kumaresan, Advocate Sr.26114 CRL. O.P. NO.12865 OF 2015 CA(CO) EU 09.06.2015 https://hcservices.ecourts.gov.in/hcservices/