Madras High CourtCRL OP/13934/2020interim direction made absolute

Shri Bharat H.Shah v. State Rep By

2020-09-28Honourable Mr Justice A.D.Jagadish Chandira2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 28.09.2020 CORAM :

THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.13934 & 13937 of 2020

1. Shri Bharat H.Shah

2. Ronik B.Shah ... Petitioners Vs.

State Rep by The Intelligence Officer Special Intelligence & Investigation Branch, Customs House, Chennai-600 001.

(R.R.No.13 of 2020) ... Respondent PRAYER: Criminal Original Petition is filed under Section 439 of Criminal Procedure Code to enlarge the petitioners on bail in R.R.No.13 of 2020 on the file of the respondent police. For Petitioners : Mr.A.K.Jayaraj For Respondent : Mr.N.P.Kumar Special Public Prosecutor, Customs

O R D E R

(The case has been heard through video conference) When the matter is taken up for hearing, the learned counsel for the petitioners would submit that the petitioners were granted interim bail by this Court by order dated 11.09.2020 vide Crl.O.P.Nos.13934/2020 & 13979/2020. He would further submit that as per order of this Court, the petitioners have jointly deposited the original title deeds of a property worth market value Rs.50 Lakhs (Rupees Fifty Lakhs Only) to the credit of crime number and they have also executed sureties before the concerned Magistrate and that they have complied with the conditions imposed by this Court. Hence, he prays that the interim bail granted to the petitioners may be made absolute.

2. Taking into consideration the above submission made by the learned counsel for the petitions, the Interim bail granted by this Court by order dated 11.09.2020 in Crl.O.P.Nos.13934/2020 & 13979/2020 is made absolute and the petitioners shall comply with the other conditions as follows:

(a) the petitioners shall report before the respondent on all working days at 10.30 a.m. except Saturday and Sunday until further orders.

(b) the petitioners shall not commit any offences of similar nature;

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(d) the petitioners shall not tamper with evidence or witness either during investigation or trial;

(e) On breach of any of the aforesaid conditions, the learned Judicial Magistrate/Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions have been imposed and the petitioners released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji Vs. State of Kerala [(2005)AIR SCW 5560];

(f) If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

-sd/- 28/09/2020 This order, on being produced, be punctually observed and carried into execution by all concerned TRUE COPY Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.

TO 1 THE METROPOLITAN MAGISTRATE, E.O-II COURT, EGMORE, CHENNAI.

2 THE CHIEF JUDICIAL MAGISTRATE EGMORE, CHENNAI. [FOR INFORMATION] 3 THE SUPERINTENDENT, CENTRAL PRISON,PUZHAL 4 THE SPECIAL PUBLIC PROSECUTOR FOR CUSTOMS, HIGH COURT, MADRAS.

5 THE INTELLIGENT OFFICER, SPECIAL INTELLIGENCE AND INVESTIGATION BRANCH, CUSTOMS HOUSE, CHENNAI -01 CC to M/S. A.K.JAYARAJ Advocate on payment of necessary charges Crl.O.P.No.13934 & 13937 of 2020 Date :28/09/2020 RVR 01/10/2020 https://hcservices.ecourts.gov.in/hcservices/