Madras High CourtCRL OP/5888/2020modified

E.Venkatesan v. State Rep By

2020-03-18Honourable Mr Justice A.D.Jagadish Chandira2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.03.2020

CORAM

THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.5888 of 2020 E.Venkatesan ... Petitioner Vs.

State represented by The Deputy Superintendent of Police, EOW,-II, Chennai (Crime No.6 of 2019) ... Respondent PRAYER: Criminal Original petition has been filed under Sections 439 (1) (b) of the Code of Criminal Procedure, to modify the condition imposed in bail order passed in Crl.M.P.No.168 of 2020 on the file of Special Judge to pay Rs.25,00.000/-(Rupees Twenty Five Lakhs only). For Petitioner : Mr.B.Mahendra Naidu For Respondent : Mr. K.Prabakar Additional Public Prosecutor

O R D E R

This Criminal Original petition has been filed seeking modification of the bail condition imposed on 20.02.2020 in Crl.M.P.No.168 of 2020 by the learned Special Judge, Under TNPID Act Cases, Chennai.

2. The learned counsel for the petitioner would submit that the petitioner was arrested on 30.01.2020 in Crime No.6 of 2019 registered by the respondent police for the offences punishable under Sections 409, 420, 120(B) of IPC and Sec.5 of TNPID Act, 1997. The learned counsel for the petitioner would submit that he applied bail before the Special Court Under TNPID Act, by an order dated 20.02.2020 granted bail to the petitioner in Crl.M.P.No.168 of 2020, with the conditions that the petitioner shall deposit a sum of Rs.25,00,000/- before the Trial Court. Since the petitioner is in jail and he is unable to raise the funds, thereby, the petitioner could not deposit an amount of Rs.25,00,000/- before the trial Court. He would further submit that the petitioner in the alternate is prepared to deposit the original title deed/documents of immovable property worth about for Rs.50,00,000/- to the Credit of Crime Number and the petitioner has suffered incarceration from 30.01.2020. Hence he seeks to modify the condition imposed by the Court below. https://hcservices.ecourts.gov.in/hcservices/

3. Heard the learned Additional Public Prosecutor appearing for the respondent police.

4. In view of the submission made by the learned counsel for the petitioner, this Court modifies the said condition imposed by the learned Special Judge, Under TNPID Act Cases, Chennai, in Crl.M.P.No.168 of 2020 dated 20.02.2020 to the effect that the petitioner shall deposit a original title deed/document of immovable property worth about Rs.50,00,000/- either belonging to him/or his relatives to the credit of Crime No. 6 of 2019. The other conditions imposed by the trial Court shall stand as it is.

5. Accordingly, this Criminal Original Petition is Modified.

Sd/- Assistant Registrar(CS-III) // True Copy// Sub Assistant Registrar msrm To 1.The Special Judge, Under TNPID Act Cases, Chennai.

2. The Deputy Superintendent of Police, EOW,-II, Chennai

3. The Public Prosecutor, Madras High Court.

+1cc to B.Mahendranaidu, Advocate, SR.No.24387. Crl.O.P.No.5888 of 2020 RK(CO) CSR: 18.03.2020 CSR: 19.03.2020 https://hcservices.ecourts.gov.in/hcservices/