Palanisamy v. The State Rep.By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction ) Thursday, the Fifteenth day of July Two Thousand Twenty One PRESENT The Hon`ble Mr Justice V. BHARATHIDASAN CRIMINAL MISCELLANEOUS PETITION No.2408 of 2021 IN CRL OP.20963/2020 PALANISAMY [ PETITIONER ] Vs 1 THE STATE REP.BY [ RESPONDENT ] THE INSPECTOR OF POLICE, B-3, FORT POLICE STATION, CHENNAI DISTRICT.
CR.NO.349/2020.
2 VENKATESH DURAI Petition praying that in the circumstances stated therein the High Court will be pleased to modify the conditional order imposed on the petitioner in parah (a) of the order that to execute a bond for a sum of Rs.10,000/- (Rupees Ten thousand only) with two sureties each for a like sum to the satisfaction of the learned VII Metropolitan Magistrate, George Town, Chennai, and on further conditions that the petitioner is directed to deposit a sum of Rs.3,00,000/-(Rupees Three Lakhs only) and also furnish the original title deeds of immovable property worth about Rs.10 lakhs, to the credit of Crime no.349/2020 before the trial court on or before 29/01/2021" passed in Crl.O.P.No. 20963/2020 dated 08/01/2021.
Order : This petition coming on for orders upon perusing the petition and upon hearing the arguments of M/S.G.ILAMURUGU, Advocate for the petitioner and of Mr.J.C.DURAIRAJ, Government Advocate(Crl. Side)on behalf of the Respondent the court made the following order:- [This matter has been heard through video conference] This criminal miscellaneous petition was disposed of by this court on 04.03.2021 thereby modifying the conditions originally imposed in Crl.O.P.No.20963 of 2020 by order dated 08.01.2021.
2. It is again listed to under the caption "For Reporting Compliance" as directed by this court.
3. Heard both sides and also perused the records carefully.
4. This court, earlier, while granting bail to the petitioner by order dated 08.01.2021 in Crl.O.P.No.20963 of 2020, apart from imposing usual conditions, directed the petitioner to deposit a sum of Rs.3,00,000/- before the VII Metropolitan Magistrate, George Town to the credit of Crime No.349 of 2020 on the file of the respondent police and furnish the original title deeds of immovable property worth about Rs.10,00,000/- (Rupees Ten Lakhs only). Subsequently, at the instance of the petitioner, the above said order was modified by this court by order dated 04.03.2021 in Crl.M.P.No.2408 of 2021. The operative portion of modified order reads as follows: "Considering the facts and circumstance of the case, this petition is ordered and the petitioner is ordered to be released on bail on condition that he should execute a bond for a sum of Rs.
10,000/- (Rupees ten thousand only) with two sureties each for a like sum to the satisfaction of the concerned jurisdictional Magistrate. However other conditions remain. After released on bail, the petitioner shall deposit a sum of Rs.3,00,000/- and also furnish the original title deeds of immovable property worth about Rs.10,00,000/- to the credit of Crime No.349 of 2020 within a period of six weeks from today."
5. The learned counsel for the petitioner submitted that pursuant to the order of this court though the petitioner came out on bail after executing a bond, he could not mobilize the amount to due to COVID19 pandemic and his economic condition and comply with the conditions imposed by this court.
6. In view of the non compliance of the conditions with regard to deposit of amount and title deeds as imposed by this court, it is needless to say that it is open to the respondent police to take steps to get the order of bail cancelled. In view of the above order, this matter need not be listed again for hearing. -sd/- 15/07/2021 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 METROPOLITAN MAGISTRATE, NO.VII, GEORGE TOWN, CHENNAI.
2 THE CHIEF METROPOLITAN MAGISTRATE, EGMORE, CHENNAI. [FOR INFORMATION] 3 THE INSPECTOR OF POLICE, B-3, FORT POLICE STATION, CHENNAI DISTRICT.
4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
5 THE SUPERINTENDENT, CENTRAL PRISON, CHENNAI C.C. to M/S.G.ILAMURUGU Advocate on payment of necessary charges Order in CRL MP.2408/2021 in CRL OP.20963/2020 Date :15/07/2021 From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format RVR 20/07/2021