N.Muthukrishnan v. State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.06.2015

CORAM:

THE HON'BLE MR.JUSTICE R.SUBBIAH Crl.O.P. No.12919 of 2015 N.Muthukrishnan .. Petitioner/Petitioner Vs.

State by, Inspector of Police, Economic Offences Wing No.II, Coimbatore District.

Coimbatore.

(Crime No.9 of 2014) .. Respondent/Respondent 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.615 of 2015 in C.C.No.20 of 2014 dated 14.05.2015 as this petitioner should deposit a sum of Rs.10,00,000/- before the said Court and directing the petitioner to appear on all working days.

For Petitioner : Mr.P.Kannankumar 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.615 of 2015, dated 14.05.2015.

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 and a sum of Rs.2 lakhs was directed to be deposited on 18.05.2015 and the balance has to be deposited within 10 days from 18.05.2015. Aggrieved over the said condition, the present petition has been filed.

3. Learned counsel for the petitioner submitted that as directed by the Court below a sum of Rs.2 lakhs was deposited on 18.05.2015 and for the balance amount of Rs.8 lakhs he seeks modification as he

could not able to moblize the funds. Though the bail was granted as early as on 14.05.2015 till today they were not able to come out on 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. In view of the submissions made by the learned counsel for the petitioner, 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.615 of 2015 dated 14.05.2015, 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". As the petitioner has deposited a sum of Rs.2 lakhs already, he is directed to deposit a sum of Rs.1 lakhs within a period of ten days from the date of receipt of a copy of this order. All the other conditions imposed in the order passed in Crl.M.P.No. 615 of 2015 dated 14.05.2015 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.

smi s/d- Assistant Registrar(CS-III) True Copy Sub-Assistant Registrar To

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

2. The Public Prosecutor, High Court, Chennai. Ad(co) prk12/6

CRL. O.P. NO.12919 OF 2015