Gunasekaran v. The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 08.05.2019
CORAM
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.No.12561 of 2019 Gunasekaran ... Petitioner/Petitioner/Accused 2
Versus
State rep by The Inspector of Police, CCB-Bank Fraud Team, Vepery, Chennai - 07.
... Respondent/Respondent/Complainant PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to modify the condition imposed on the petitioner on 03.05.2019 directing the petitioner to deposit a sum of Rs.25,00,000/- to the credit of the Cr.No.497 of 2018 by the CCB and CBCID Metropolitan Magistrate, Egmore, Chennai in Crl.M.P.No.2328 of 2019.
For Petitioner : Mr.M.Duraimurugan For respondent : Mrs.Prabhavathi Additional Public Prosecutor ******
O R D E R
This petition has been filed seeking for modification of the condition imposed by the Court below while considering the statutory bail petition filed by the petitioner.
2. The Court below has allowed the bail petition and has imposed the condition that the petitioner should deposit a sum of Rs.25,00,000/-.
3. The learned counsel appearing on behalf of the petitioner submitted that this is a onerous condition and the petitioner is not able to come out on bail. The learned counsel further submitted that the Court below ought not to have imposed such a condition while considering the statutory bail petition.
4. Taking into consideration, the facts and circumstances of the case and also the scope of the provision under Section https://hcservices.ecourts.gov.in/hcservices/
167(2) of Cr.P.C., this Court is of the considered view that the first condition imposed by the Court below is onerous and the same is set aside. The other conditions imposed by the Court below shall stand as it is.
5. With the above modification, this Criminal Original Petition is disposed of.
Sd/- Assistant Registrar(VO) //True Copy// Sub Assistant Registrar vv2/mrm To
1. CCB and CBCID Metropolitan Magistrate, Egmore, Chennai
2. The Inspector of Police, CCB-Bank Fraud Team, Vepery, Chennai - 07.
3. The Public Prosecutor, High Court, Madras.
+1cc to Mr.M.Duraimurugan, Advocate, S.R.No.43433 Crl.O.P.No.12561 of 2019 PVS(CO) RRS(10/05/2019) https://hcservices.ecourts.gov.in/hcservices/