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Madras High CourtCRL MP/2973/2023ordered

Nagaraj Ge v. Inspector Of Police

2023-03-17Honourable Mrs Justice T.V.Thamilselvi4 pages

Crl.M.P. No. 2973 of 2023 in Crl.O.P.No.3148 of 2023 T.V.THAMILSELVI, J.

This petition has been filed to modify the condition imposed by this Court in Crl.O.P.No.3148 of 2023 dated 13.02.2023 in para 6(a) as follows :- "6.(a) the petitioner shall deposit a sum of Rs.1,00,000/- (Rupees one lakh only) to the credit of Crime No.5 of 2021 before the learned Judicial Magistrate, Tiruttani within a period of two weeks from the date on which the order copy made ready"

2. The learned counsel for the petitioner submitted that he is working as a private valuation engineer in Anbusivam Valuator, whose modus operandi is to evaluate the collaterals assigned by the specified bank and submit a valuation report to the bank for the purpose of sanctioning the loan. He would further submit that he is not a signing 1/4

authority and his decisions are not final with regard to valuation of a property, which is only upto the decision of concerned bank to sanction or reject the proposal with reference to the valuation report. He would also submit that he is not in a position to mobilise the amount as directed by this court and he works at the bottom of the ladder in his firm. He would also submit the co-accused A1 to A3 were released on bail, whereas this petitioner was indirectly denied anticipatory bail by imposing stringent conditions. Hence, the present petition has been filed to modify the condition.

3. Considering the facts and circumstances and also considering the reasons stated by the petitioner in the petition seems to be justifiable, this Court is inclined to modify the condition that the petitioner shall deposit a sum of Rs.50,000/- (Rupees fifty thousand only) to the credit of Crime No. 5 of 2021 before the learned Judicial Magistrate, Tiruttani within a period of two weeks from the date of receipt of copy of this order .

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4. Except the above modification, the other conditions imposed by this Court in Crl.O.P. No. 3148 of 2022 vide order dated 13.02.2023 shall remain unalterted.

17.03.2023 rpp 3/4

T.V.THAMILSELVI, J.

rpp Crl.O.P.No. 2973 of 2023 in Crl.O.P. No. 3148 of 2023 17.03.2023 4/4