Madras High CourtCRL OP/10570/2022dismissed

Rathika v. State Rep.By

2022-05-05Honourable Mr Justice P. Velmurugan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 05.05.2022 Coram:

THE HON'BLE MR. JUSTICE P.VELMURUGAN Crl.O.P.No.10570 of 2022 Rathika ... Petitioner vs State rep. By Inspector of Police, Central Crime Branch, Bank Fraud Wing -31, Vepery, Chennai - 7.

... Respondent (in Crime No.171/2020) Criminal Original Petition has been filed under section 482 of Criminal Procedure Code to modify the bail order granted in Crl.M.P.No.6566 of 2022 before the Principal Sessions Court. For Petitioner : Mr.M.Idhaya Mary For Respondent : Mr.Vinoth Kumar Government Advocate (Crl. Side)

ORDER

This Criminal Original petition has been filed seeking for modification of the bail order dated 26.04.2022 passed by the learned Principal Sessions Judge in Crl.M.P.No.6566 of 2022.

2. Learned counsel for the petitioner would submit that the petitioner is an innocent and the respondent police falsely implicated the petitioner in this case without proper enquiry. However, the learned Principal Sessions Judge, Chennai while granting bail has directed the petitioner to deposit a sum of Rs.1,08,160/- to the credit of Crime No.171 of 2020. Since the petitioner is not in a position to mobilise the fund, this petition has been filed for modification of the said condition.

3. Learned Government Advocate would submit that the petitioner has involved in three more cases in similar nature. The learned Principal Sessions Judge after giving due consideration to the same has imposed the condition to deposit a https://hcservices.ecourts.gov.in/hcservices/

sum of Rs.1,08,160/- to the credit of Crime No.171 of 2020 and hence, the petitioner is not entitled for the relief of modification as sought for in this petition.

4. Heard the learned counsel and perused the materials.

5. The petitioner was arrested and remanded to Judicial Custody on 16.03.2022 and a case was registered in Crime No.171 of 2020 for the offences under section 419, 420 of IPC @ 419, 420, 465, 467, 468 & 471 of IPC. Admittedly, learned Principal Sessions Judge, Chennai after giving due consideration to the fact that already the petitioner has previous cases in similar nature, has granted bail in Crl.M.P.No.6566 of 2022 by imposing certain conditions and one of the said conditions is that the petitioner shall deposit a sum of Rs.1,08,160/- to the credit of Crime No.171 of 2020. This Court does not find any infirmity in the order passed by the learned Principal Session Judge, Chennai. Accordingly, this Criminal Original Petition is dismissed.

Sd/- Vacation Officer //True Copy// Sub Assistant Registrar nl To 1.The Principal Sessions Judge, Chennai.

2.The Inspector of Police, Central Crime Branch, Bank Fraud Wing -31, Vepery, Chennai - 7.

3.The Public Prosecutor, High Court, Madras.

Crl.O.P.No.10570 of 2022 (CO) SB(16/05/2022) https://hcservices.ecourts.gov.in/hcservices/