← Library
Madras High CourtCRL OP/7329/2020allowed

Parthiban v. The Deputy Superintendent Of Police

2020-04-28Honourable Mr Justice R. Subramanian5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.04.2020

CORAM

THE HONOURABLE MR. JUSTICE R.SUBRAMANIAN Parthiban ... Petitioner Vs.

The State rep. By The Deputy Superintendent of Police, Economic Offences Wing (II) Head Quarters, Chennai.

... Respondent Prayer: Criminal Original Petition filed under Section 439 of Cr.P.C. to set aside the order passed by the learned Special Judge under TNPID Act, Chennai 104, by order dated 17.02.2020 in Crl. MP No.192 of 2020 in Crime No.6 of 2019 on the file of the respondent herein directing payment of Rs.25,00,000/- (Rs.Twentyfive Lakhs only) as deposit and this Court may be pleased to modify the said Bail condition to deposit the original documents of immovable property worth Rs.50,00,000/- within a period of 6 weeks to the credit of the Crime No.6 of 2019 on the file of the respondent herein further grant an interim bail for 6 weeks to the petitioner.

For Petitioner : Mr.V.Parthiban For Respondent : Mr.S.Karthikeyan Additional Public Prosecutor

ORDER

The petitioner seeks modification of the conditions imposed on him by the Special Court under TNPID Act, while granting bail on 17.02.2020. The learned counsel for the petitioner would draw my attention to the order passed by me in Crl MP No.3881 of 2020 in Crl. OP No.5888 of 2020 on 20.04.2020 modifying the conditions imposed on a co-accused in the same case.

2. Needless to point out that the conditions imposed on the petitioner appear to be a little onerous. Hence the conditions imposed by the Special Court under TNPID Act, in its order dated 17.02.2020 made in Crl. MP No.192 of 2020 are modified as follows:

3. This petition is allowed and the petitioner is enlarged on interim bail for a period of six weeks from the date of his release on his executing his own bond for a sum of Rs.10,000/- before the Superintendent of the concerned jail

on the following conditions:

i)the petitioner shall not leave Tamilnadu in the interregnum period.

ii)He shall surrender his Passport, if any, before his release to the Superintendent of the concerned jail. iii)The petitioner shall deposit the original documents of immovable property worth Rs.50,00,000/-, owned by him or any third party with an undertaking from the owner that the property will serve as security, within a period of six weeks to the credit of Crime No. 6 of 2019 as per the order dated 17.02.2020, failing which, the petitioner shall surrender before the concerned police on the expiry of six weeks. If he fails to surrender, the police will be at liberty to apprehend him.

28.04.2020 jv To

1. The Special Judge, TNPID cases, Chennai.

2. The Deputy Superintendent of Police, Economic Offences Wing (II)

Head Quarters, Chennai.

3.The Public Prosecutor, High Court, Madras.

4.The Superintendent, Central Jail, Puzhal, Chennai.

R.SUBRAMANIAN, J.

jv 28.04.2020