N.Krishnappa v. State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction ) Thursday, the Tenth day of March Two Thousand Twenty Two PRESENT The Hon`ble Mrs Justice T.V.THAMILSELVI CRIMINAL MISCELLANEOUS PETITION No.3131, 3132 & 3134 of 2022 IN CRL OP.3037/2022 N.KRISHNAPPA [PETITIONER IN ALL THE PETITIONS] Vs STATE REP BY [RESPONDENT IN ALL THE PETITIONS] THE INSPECTOR OF POLICE, CCB 1/PS CHENNAI, CCB DISTRICT, EDF-II, TEAM 4, CHENNAI, CRIME BRANCH, VEPERY, CHENNAI.
CR.NO.289 OF 2019.
Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to modify the condition imposed in para 8 (a) the order dated 11.02.2022 in Crl.O.P No.3037/2022 from "the petitioner shall deposit a sum of Rs.20,00,000/- out of whish fifteen lakhs shall be deposited as cash and for remaining five lakhs he shall deposit title deed stands in his name or his father`s name as he agreed with encumbrance certificate along with legal heir certificate with affidavit of undertaking that not to create any encumbrance till disposal of issues before the learned metropolitan Magistrate CCB, CBCID Court, Egmore Chennai within a period of three weeks, failing which the bail granted by the court shall stand dismissed automatically" to the petitioner shall deposit a sum of Rs 20,00,000/- before the learned Metropolitan Magistrate CCB, CBCID Court, Egmore Chennai within a period of three weeks, failing which the bail granted by this Court shall stand dismissed automatically".
(Crl.M.P.No.3131/2022 in Crl.O.P.No.3037/2022)
(i) To pass an order to extend the time to comply with the condition of deposit of Rs.15,00,000/- cash and title document for Rs.5,00,000/- before the trial court, imposed in the Order of this Hon`ble Court dated 11.02.2022 in Crl.O.P.No.3037/2022, by a further period of 3 weeks. (Crl.M.P.No.3132/2022 in Crl.O.P.No.3037/2022) (ii) To relax the condition imposed in order dated 11.02.2022 in Crl.O.P.No.3037/2022 directing the petitioner to report before the respondent police daily at 10.30 A.M for a period of two months and thereafter as and when required for interrogation. (Crl.M.P.No.3134/2022 in Crl.O.P.No.3037/2022) Order : This petition coming on for orders upon perusing the petition and the filed in support thereof and upon hearing the arguments of M/S. G.MOHANA KRISHNAN, Advocate for the petitioner, [IN ALL THE PETITIONS] and of MR.
L.BASKARAN, Govt. Advocate ( Crl. Side) [IN ALL THE PETITIONS] on behalf of the Respondents the court made the following order:- The present petitions have been filed to modify the conditions imposed on the petitioner in Paragraph No.8 Clause (a) of the order, to extend the time to comply with the condition and also Paragraph No.8 Clause (d) of the order to relax the condition in Crl.OP.No.3037 of 2022 dated 11.02.2022 while granting bail.
2. The learned counsel for the petitioner has submitted that the conditions imposed on the petitioner is that (a) the petitioner should deposit a sum of Rs.20,00,000/-, out of which, Rs.15,00,000/- should be deposited in cash and for the remaining Rs.5,00,000/-, he should deposit title deed which stands in the petitioner's name or his father's name as he agreed with encumbrance certificate along with legal heir certificate with affidavit of undertaking that not to create any encumbrance till disposal of issues, before the learned Metropolitan Magistrate, CCB, CB-CID Court, Egmore Chennai within a period of three weeks, failing which, the bail granted by this Court should stand dismissed automatically and (d) the petitioner should report before the respondent police daily at 10.30 a.m.
, for a period of two months and thereafter as and when required for an interrogation Learned counsel for the petitioner further submits that for remaining Rs.5,00,000/- the petitioner was unable to deposit title deed which stands in the petitioner's name or his father's name as he agreed with encumbrance certificate along with legal heir certificate with affidavit of undertaking that not to create any encumbrance till disposal of issues, before the learned Metropolitan Magistrate, CCB, CB-CID Court, Egmore Chennai and he is ready to deposit Rs.20,00,000/- instead of depositing title deeds, but, the learned counsel for the Intervenor raised objection on the ground that the so far, no amount was deposited by the petitioner .
3. Heard the learned Government Advocate (Crl.Side) appearing for the respondent police.
4. Considering the facts and circumstances of the case, this Court is inclined to modify the condition with regard to the Paragraph No.8 (a) to the effect that "the petitioner shall deposit Rs.20,00,000/- in C.C No.3129 of 2020 before the learned Metropolitan Magistrate, CCB, CB-CID Court, Egmore Chennai" within ten days from the date on which, the order copy was made ready and this Court also modify the condition with regard to the Paragraph No.8 (d) to the effect that " the petitioner shall appear before learned the Metropolitan Magistrate, CCB, CB-CID Court, Egmore Chennai on every hearing at 10.30a.m".
5. Except the above modification , all other conditions imposed by this Court in its order dated 11.02.2022 in Crl.OP.No.3037 of 2022 shall stand unaltered.
6. With the above modifications, these Criminal miscellaneous Petitions are allowed.
-sd/- 10/03/2022 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 METROPOLITAN MAGISTRATE, CCB, CB-CID COURT, EGMORE, CHENNAI.
2 THE CHIEF METROPOLITAN MAGISTRATE, EGMORE, CHENNAI. [FOR INFORMATION] 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
THE INSPECTOR OF POLICE, CCB 1/PS CHENNAI, CCB DISTRICT, EDF-II, TEAM 4, CHENNAI, CRIME BRANCH, VEPERY, CHENNAI.
+3 C.C. to M/S. G.MOHANA KRISHNAN Advocate on payment of necessary charges SR.NO.3736, 3737, 3738 Order in CRL MP.3131, 3132 & 3134/2022 in CRL OP.3037/2022 Date :10/03/2022 From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format TA-16/03/2022