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Madras High CourtCRL MP/4074/2020ordered

E.Venkatesan v. State Rep By

2020-06-11Honourable Mr Justice M. Nirmal Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.06.2020

CORAM

THE HONOURABLE MR. JUSTICE M. NIRMAL KUMAR in Crl.O.P.No.5888 of 2020 E.Venkatesan, S/o.Ettiyappan, No.61, Thikkakulam, Sukkalamman Koil Street, Ayanavaram, Chennai 600 023.

...

Petitioner Vs.

State represented by The Deputy Superintendent of Police, EOW II, Chennai.

(Crime No.6 of 2019) ... Respondent Criminal Miscellaneous Petition filed under Section 482 Cr.P.C. to extend the period by six weeks for depositing of the original documents of immovable property worth about Rs.50,00,000/- as imposed by this Court vide order dated 20.04.2020 in Crl.M.P.No.3881 of 2020 in Crl.O.P.No.5888 of 2020 before the learned Special Judge, TNPID cases, Chennai, in Crime No.6 of 2019 on the file of the respondent.

For Petitioner :

Mr.B.Mahendra Naidu For Respondent :

Mr.S.Karthikeyan, Additional Public Prosecutor 1/4

O R D E R

This criminal miscellaneous petition has been filed to extend the period by six weeks for depositing of the original documents of immovable property worth about Rs.50,00,000/- as imposed by this Court vide order dated 20.04.2020 in Crl.M.P.No.3881 of 2020 in Crl.O.P.No.5888 of 2020 before the learned Special Judge, TNPID cases, Chennai, in Crime No.6 of 2019 on the file of the respondent.

2. The petitioner filed bail petition in Crl.M.P.No.168 of 2020 before the Special Court for TNPID Act cases, in which, he was granted bail on 30.01.2020 with a condition that the petitioner shall deposit a sum of Rs.25,00,000/- before the trial Court. Thereafter, the petitioner filed a petition in Crl.O.P.No.5888 of 2020 before this Court, in which, he was granted interim bail on 18.03.2020 with a condition 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. Thereafter, the petitioner filed modification petition in Crl.M.P.No.3881 of 2020 before this Court, in which, the petitioner was granted interim bail on 20.04.2020, for a period of six weeks apart from other conditions, one of the 2/4

condition is to deposit the original documents of immovable property worth about Rs.50,00,000/- to the credit of Crime No.6 of 2019. 3.

The learned counsel for the petitioner would submit that since the entire State of Tamil Nadu is affected by Corona, either the petitioner or his relatives/friends were unable to get the original documents. Therefore, the learned counsel petitioner seeks further period of six weeks to deposit the original documents worth about Rs.50,00,000/- to the credit of Crime No.6 of 2019.

4.

Considering the submissions made by the learned counsel for the petitioner and also taking note of the present situation, this Court is inclined to grant interim bail to the petitioner and grant further period of six weeks to deposit the original documents of immovable property worth Rs.50,00,000/- before the trial Court within a period of six weeks from today, failing which, the petitioner shall surrender before the concerned police on the expiry of six weeks. If the trial Court is not functioning due to COVID-19 pandemic, the petitioner shall deposit the original documents of immovable property worth Rs.50,00,000/- before the Investigating Officer. 3/4

M.NIRMAL KUMAR, J.

nsd 5.

It is made clear that there will be no further extension of time for whatsoever reason. The respondent Police to secure the petitioner/accused if the above condition of deposit of title deed is not completed within the stipulated/extended time. The other conditions shall stand unaltered. 11.06.2020 nsd To 1.The Special Judge, TNPID cases, Chennai.

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

4.The Superintendent of Prison, Central Prison, Puzhal, Chennai.

5.The Public Prosecutor, Madras High Court, Chennai.

in Crl.O.P.No.5888 of 2020 4/4