John Prabhakar v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 24.04.2019

CORAM

THE HONOURABLE Mr.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No. 10928 of 2019 John Prabhakar .. Petitioner/Accused Vs.

The Inspector of Police, Central Crime Branch, Fake Passport Wing, Team XXXII Vepery, Chennai-600 007.

*[CCB Crime No.18 of 2019] ... Respondent/Complainant Prayer: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, to modify the Bail condition imposed against this petitioner/accused in Crl.M.P.No.7482 of 2019 dated 12.04.2019 Principal Sessions Judge, Chennai directing him to deposit a title deed worth of Rs.10 lakhs of his own or his friends or relatives.

2.To furnish two sureties each for a sum of Rs.10,000/- but one amoug them to be blood surety for Rs.10,000/- (Which the petitioner could not furnish, since his parents and his two brothers are no more and further his three sisters are aloso at aboard) to the satisfaction of the Metropolitan Magistrate's Court (for CCB & CBCID Metro Cases), Egmore, Chennai - 8 and to comply with the other modified condition as imposed by the Principal sessions Judge, Chennai in Crl.M.P.No. 7482 of 2019 dated 12.04.2019 to report before the respondent police daily at 10.30 A.M until further orders.

For Petitioner : Mr.R.Rathnakumar For Respondent : Mr.C.Raghavan Government Advocate (Crl.Side)

O R D E R

This petition has been filed seeking to modify the condition imposed by the Court below in Crl.M.P.No.7482 of 2019 for the offence punishable under Section 167(2) Cr.P.C in Crl.M.P.No.3750 of 2019 *CCB Crime No.18 of 2019 dated 01.04.2019,while granting bail.

2. It is seen that the Metropolitan Magistrate (CCB & CBCID Metro cases), Egmore, Chennai-8, has granted bail in Crl.M.P.No.3750 of 2019 *CCB Crime No.18 of 2019 on certain conditions and one among is that ''4(i) The petitioner shall report title deed to the worth of Rs.20 lakhs either their own friends or relatives."

3. Thereafter, the petitioner filed a petition before the Principal Sessions Judge, Chennai for seeking modification of the bail condition, which was allowed in Crl.M.P.No.7482 of 2019 and modified as under:

(1)The deposit Title Deed worth of Rs.10 lakhs for his own friends or relatives.

(2)The petitioner shall execute a bond for Rs.10,000/- each on his own along with two other sureties for the like sum to the satisfaction of the Metropolitan Magistrate Court (for CCB & CBCID Metro cases), Egmore, one among the surety shall be a blood relative of the accused; and (3)The petitioner shall appear and sign before the respondent police daily at 10.30 a.m until further orders.

4. The learned counsel for the petitioner submitted that, the petitioner could not produce blood surety since his parents are no more and his two brothers also died and his three sisters are in abroad. Hence, he has filed the present petition with the aforesaid prayer.

5. Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl.Side) appearing for the State.

6.In view of the submission made by the learned counsel for the petitioner, this Court is inclined to modify the condition as given below,

(1) The condition to deposit Title Deed worth of Rs.10 lakhs for his own friends or relatives is deleted.

(2) The petitioner is directed to execute a bond for a sum of Rs.10,000/- (ten thousand only) with two sureties each for a like sum to the satisfaction of the Metropolitan Magistrate Court (for CCB & CBCID Metro cases), Egmore.

(3) The petitioner shall appear and sign before the respondent police daily at 10.30 a.m until further orders.

7. With the above modification, this Criminal Original Petition is allowed.

Sd/- Assistant Registrar(CS II) Dated:24/04/2019 *Amendment order as per order dated 29/04/2019 made in Crl.O.P.No.10928 of 2019 Sd/- Assistant Registrar(CS-II) Dated:29/04/2019 //True Copy// Sub Assistant Registrar To 1.The Metropolitan Magistrate Court To be substituted the (for CCB & CBCID Metro cases), order already despatched Egmore, Chennai. On 26/04/2019 2.The Inspector of Police, Central Crime Branch, Fake Passport Wing, Team XXXII Vepery, Chennai-600 007.

3.The Public Prosecutor High Court of Madras.

+3cc to Mr. R.Ratna Kumar, Advocate, S.R.No. 41518 Crl.O.P.No. 10928 of 2019 VG II(CO) GN(25/04/2019) srg 30/04/2019