Ravindran v. The Deputy Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11.03.2019

CORAM

THE HONOURABLE Mr.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.6452 of 2019 Ravindran ... Petitioner Vs.

The State rep. by Deputy Superintendent of Police, Economic Offence Wing, Vellore.

(Cr.No.1 of 2019) ... Respondent/Complainant Prayer: Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to modify the condition to deposit a sum of Rs.5,00,000/- (Rupees Five lakhs only) before the Court of Special Judge under TNPID Act, Chennai to the credit of Cr.No.1 of 2019, EOW, Vellore imposed by the Court of Special Judge under TNPID Act, Chennai in Crl.M.P.No.272 of 2019 dated 05.03.2019 while granting bail to the petitioner in relating to the case registered as Crime No.1 of 2019, on the file of the Respondent.

For Petitioner : Mr.I.Abrar Md. Abdullah For Respondent : Mr.Mohamed Riyaz Additional Public Prosecutor.

O R D E R

The petitioner has been arrayed as A2 in Crime No.1 of 2019, was running a company named 'All Shine Agro Firm India Limited' and deposits were received from the general public. However, the majority amount was not repaid back and therefore, the complaint was given before the respondent police. There are totally five accused persons in this case.

2.The petitioner was arrested and remanded to judicial custody on 22.01.2019 for the offence under Sections 420, 406, 120B of IPC r/w Section 5 of the Protection of Interest of depositors (in Financial Establishment) Act 1997. Hence, the petitioner has filed a petition in Crl.M.P.No.272 of 2019, before the learned Special Judge under TNPID Act, Chennai seeking bail and

the learned judge granted bail by an order dated 05.03.2019 on certain conditions.

One among the condition is that "(d) the petitioner shall deposit a sum of Rs.5,00,000/- (Rupees Five Lakhs only) before this Court to the credit of Crime No.1 of 2019, EOW, Vellore."

3.The learned counsel for the petitioner submitted that the petitioner is unable to comply with the condition stipulating to deposit a sum of Rs.5Lakhs, since the petitioner has no source to deposit such a huge amount. Hence, the present petition has been filed seeking to modify the condition.

4.The learned Additional Public Prosecutor submitted that there are totally 1500 depositors from whom, an amount of Rs.2,98,00,000/- has been collected by the petitioner.

5.Heard both sides.

6.Considering the submissions made by the learned counsels on either side, the above condition alone is modified to the effect that "(d) the petitioner shall deposit a sum of Rs.2,00,000/- (Rupees Two Lakhs only) to the credit of Crime No.1 of 2019, EOW, Vellore."

All other conditions imposed in Crl.M.P.No.272 of 2019 shall remain unaltered.

7.Accordingly, this Criminal Original Petition is allowed.

Sd/- Assistant Registrar(CS iv) //True Copy// Sub Assistant Registrar rm To 1.The Special Judge TNPID Act cases, Chennai-104.

2.The Deputy Superintendent of Police, Economic Offence Wing, Vellore.

(Cr.No.1 of 2019) 3.The Public Prosecutor, High Court, Madras.

+1cc to Mr. I.Abrar Md. Abdullah, Advocate SR.No. 22817 Crl.O.P.No.6452 of 2019 A.SK(12/03/2019)