Sudish Panayapilly @ v. State By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 06.07.2018

CORAM

THE HONOURABLE Mr.JUSTICE P.N.PRAKASH CRL.O.P.No.17297 of 2018 Sudish Panayapilly @ P.K.Sudish .. Petitioner Vs State by Sub Inspector of Police, Central Crime Branch, Team III, Chennai.

[Cr.No.109/2018] .. Respondent Criminal Original Petition filed under Section 482 Cr.P.C., praying to set aside the order dated 27.06.2018 passed in Crl.M.P.No.9954/2018 by the Principal Sessions Judge, Chennai and to modify the condition No.ii "The petitioner shall furnish a title deed worth of Rs.70 Lakhs which stands in the name of the petitioner or his wife or his blood relatives to the satisfaction of this court" imposed on the petitioner in Crl.M.P.No.2970 of 2018 by the order dated 21.6.2018 passed by the Special Judge for CCB & CBCID Metropolitan Magistrate at Egmore.

For Petitioner : Mr.A.K.Vasantha Kumar For Respondent : Mr.C.Raghavan, Govt. Advocate

O R D E R

On the complaint lodged by Kandasamy, the respondent Police have registered a case in Crime No.109 of 2018 on 22.03.2018 for the offences under Section 420, 406, 465, 471, 477A and 120B IPC against the petitioner herein and the petitioner was arrested and remanded to custody on 26.05.2018. The petitioner was enlarged on bail in Crl.M.P.No.2970 of 2018 on 21.06.2018 by the learned CCB and CBCID Metropolitan Magistrate, Egmore, Chennai, on certain conditions, one of which is as follows : "[ii] The petitioner shall furnish a title deed worth of Rs.70Lakhs which stands in the name of the petitioner or his wife or his blood relatives to the satisfaction of this Court."

Since the petitioner was not able to comply with the said conditions, he filed Crl.M.P.No.9954 of 2018 before the Sessions Court, which has been dismissed on 27.06.2018. Challenging which, the petitioner is before this Court.

2.Today, Ms.D.Maheswari, WHC 18943, CCB, Chennai is present before this Court.

3.Heard the learned counsel for the petitioner and the learned Government Advocate appearing for the respondent. 4.Learned counsel for the petitioner submitted that neither the petitioner nor any of his blood relatives have properties worth Rs.70 Lakhs. But, however, a distant relative is now coming forward to bail out the petitioner.

5.It is seen that the petitioner was arrested on 26.05.2018 and that, he was granted bail on 21.06.2018, he was not able to enjoy the fruits of the bail order. Accepting the submission, the aforesaid condition is modified to the effect that instead of "blood relative", "any relative or friend can stand as surety and submit title documents worth Rs.70 Lakhs." The petitioner shall also submit a photocopy of his passport to the Police and to the Magistrate. Rest of the conditions shall remain the same. With the above modification, this petition is ordered accordingly.

Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar To 1.CCB and CBCID Metropolitan Magistrate, Egmore, Chennai.

2.The Public Prosecutor, High Court, Madras.

3.The Sub Inspector of Police, Central crime Branch,Team-III (Crime No.109/2018 +1cc to Mr.A.K.Vasanth Kumar, Advocate, S.R.No.43781 CRL.OP.No.17297 of 2018 GSP(06/07/2018)

P.N.PRAKASH, J.

gya 06.07.2018