Madras High CourtCRL OP/13000/2019disposed of

Jayaprakash v. State Rep. By The Inspector Of Police,

2019-05-23Honourable Mr Justice P. Rajamanickam2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.05.2019

CORAM

THE HONOURABLE MR.JUSTICE P.RAJAMANICKAM Crl.O.P.No.13000 of 2019 Jayaprakash ... Petitioner/Accused 1

Versus

State rep by The Inspector of Police, Central Crime Branch (CCB), Team - 31, Bank Fraud Prevention Wing, Vepery, Chennai.

(in Crime No.497 of 2018) ... Respondent/Complainant PRAYER: Criminal Original Petition filed under Section 439(1)(b) 482 of the Code of Criminal Procedure, to modify the conditions imposed by the learned Metropolitan Magistrate for CCB and CBCID, Egmore, Chennai 8 in Crl.M.P.No.5061 of 2019 dated 07.05.2019.

For Petitioner : Mr.K.M.Balaji For respondent : Mr.C.Raghavan, Government Advocate (Crl. Side)

O R D E R

This petition has been filed seeking for modify the conditions imposed by the learned Metropolitan Magistrate for CCB and CBCID, Egmore, Chennai 8 in Crl.M.P.No.5061 of 2019 dated 07.05.2019.

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. https://hcservices.ecourts.gov.in/hcservices/

4.Taking into consideration, the facts and circumstances of the case and also the scope of the provision under Section 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 said direction, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar(V/O) //True Copy// Sub Assistant Registrar rna/rst To 1.The learned CCB and CBCID Metropolitan Magistrate, Egmore, Chennai - 8.

2.The Inspector of Police, Central Crime Branch (CCB), Team - 31, Bank Fraud Prevention Wing, Vepery, Chennai.

3.The Public Prosecutor, High Court, Madras.

+1cc to Mr.K.M.Balaji, Advocate Sr.44197 Crl.O.P.No.13000 of 2019 rji[co] srg 24/05/2019 https://hcservices.ecourts.gov.in/hcservices/