Shanmuga Sundaram v. State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.02.2019

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.3778 of 2019 Shanmuga Sundaram

...Petitioner

Vs.

State rep by Inspector of Police, DCB, EOW-II, Vellore.

(Crime No.15/16)

...Respondent

PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C.,to modify the bail condition imposed on the petitioner in Crl.M.P.No.722 of 2018 order dated 18.05.2018 that "he should deposit a sum of Rs.25,00,000/- (Rupees Twenty Five Lakhs only) to the credit of this case" on the file of Special Judge under TNPID Act, Chennai, pending investigation in DCB EOW-II, Vellore in Cr.No.15 of 2016.

For Petitioner : Mr.P.Prince Premkumar For Respondent : Mr.M.Mohamed Riyaz Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed seeking to modify the conditions imposed by the Court below by an order dated 18.05.2018 passed in Crl.M.P.No.722 of 2018 on the file of Special Judge under TNPID Act, Chennai, pending investigation in DCB EOW-II, Vellore, while granting bail to the petitioner.

2. Heard both sides.

3.The petitioner was in judicial custody from 09.02.2018 and final report has not been filed. The learned Additional Public Prosecutor also would contend that the accused have committed default to the tune of Rs.2,28,27,396/-. The petitioner has filed a petition seeking for bail before the Court below and was released on bail on 18.05.2018 on the following conditions.

"(1) The petitioner should execute the bond for Rs.10,000/- with two sureties for likesum each to the satisfaction of this Court.

(2) He should deposit a sum of Rs.25,00,000/- (Rupees Twenty Five Laksh only) to the credit of this case.

(3) He should appear before the respondent/police daily at 10.00 a.m. and sign until further orders. Failure to comply with any of the above conditions would make this petition stands dismissed."

4. The learned counsel for the petitioner submitted that the petitioner is complied with the condition on 18.05.2018 onwards without fail. The learned counsel would further submit that this Court may consider to modify the conditions.

5. The learned Additional Public Prosecutor also submitted that on 18.05.2018 onwards the above said condition was modified and the petitioner is also complied with the conditions.

6. Considering the above facts and circumstances, this Court is inclined to modify the condition as follows : "(1) The petitioner should execute the bond for Rs.10,000/- with two sureties for likesum each to the satisfaction of this Court.

(2) He should appear before the respondent/police daily at 10.00 a.m. and sign until further orders. Failure to comply with the conditions would make this petition stands dismissed."

7. This Criminal Original Petition stands disposed of with the above directions.

Sd/- Assistant Registrar(CS-III) //True Copy// Sub Assistant Registrar mpa/lpp

To 1.The Inspector of Police, DCB, EOW-II, Vellore 2.The Special Public Prosecutor, High Court of Madras.

3. The Special Judge, TNPID Act, Chennai.

+1 cc to Mr.P.Prince Premkumar, Advocate, S.R.No.13586 Crl.O.P.No.3778 of 2019 SVI(CO) SSM(14/02/2019)