Madras High CourtCRL MP/7710/2021allowed

Abdul Muneer v. State Rep By

2021-08-12Honourable Mr Justice M.Dhandapani3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Thursday, the Twelfth day of August Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL MISCELLANEOUS PETITION No.7710 & 7712 of 2021 IN CRL.OP.No.9917/2021 ABDUL MUNEER [ PETITIONER ] Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, VIGILANCE AND ANTI-CORRUPTION, VELLORE, VELLORE DISTRICT.

CR.NO.6 OF 2021 Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased (i)to modify the conditions imposed on him in para 8 viz (b) the petitioners shallmake a deposit of Rs.90,01,245/- Rupees Ninety Lakhs One Thousand Two Hundred and forty five only) to the Inspector General of Registration, Santhome High Road, Chennai in an interest bearing account, within a period of two weeks from today,without prejudice to their defence before the trial Court and produce proof of payment and the learned Judicial Magistrate, After perusing the challan / receipt, shall accept the sureties furnished by the petitioners and (e) the petitioners shall report before the respondent police daily at 10.30 a.m. until further orders vide order dated 22.06.2021 made in Crl.O.P.No.

9917/2021 (Crl.MP.No.7710/2021) (ii) to extend the time to surrender and furnish sureties by two weeks as directed in vide order dated 22.06.2021 made in Crl.O.P.No.9917/2021 (Crl.MP.No7712/2021) Order : This petition coming on for orders upon perusing the petition and the filed in support thereof and upon hearing the arguments of M/S. B.MANOHARAN, Advocate for the petitioner and of M/S. C.E.PRATAP, Govt. Advocate ( Crl.

(The case has been heard through video conference) The present petition has been filed to modify the condition imposed on the petitioner in Paragraph. No.8 clause (b) and (e) of the order dated 22.06.2021 passed by this Court in Crl.O.P.No.9917 of 2021.

2. This Court, vide order dated 22.06.2021 in clause (b) and (e) directed the petitioners "to deposit of Rs.90,01,245/- to the Inspector General of Registration, Santhome High Road, Chennai, in an interest bearing account, within a period of two weeks from today, without prejudice to their defence before the trial court and produce proof of payment and the learned Judicial Magistrate, after perusing the challan/receipt, shall accept the sureties furnished by the petitioners" and "(e) the petitioners shall report before the respondent police daily at 10.30 a.m., until further orders".

3. The petitioners are working as officials in the Registration Department. The allegations against the petitioners are they caused loss the exchequer by under valuation to the tune of Rs.90,01,245/- . While granting anticipatory bail, A3 agreed to pay the entire amount of revenue loss, thereby, bail was granted to the petitioners. However, it is submitted that A3 has already deposited the entire amount, but, in the order copy, it was inadvertently typed as if the petitioners would deposit the entire amount.

4. Considering the facts and circumstances of the case, time is extended by a further period of two weeks from the date of receipt of a copy of this order for the petitioner to surrender and for execution of sureties before the concerned court by producing the necessary proof relating to the deposit made by A3 and on satisfaction the learned Judicial Magistrate, after perusing the challan/receipt, shall accept the sureties furnished by the petitioners.

This petition is allowed with the aforesaid modification. Apart from the aforesaid modification, the order passed by this court in Crl.OP.No.9917 of 2021 dated 22.06.2021 shall stand unaltered in all other aspects. In so far as clause (e) is concerned, the petitioners shall report before the respondent police as and when required.

-sd/- 12/08/2021 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 CHIEF JUDICIAL MAGISTRATE AND SPECIAL JUDGE, VELLORE 2 THE INSPECTOR OF POLICE, VIGILANCE AND ANTI-CORRUPTION, VELLORE, VELLORE DISTRICT.

3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

4 THE INSPECTOR GENERAL OF REGISTRATION, SANTHOME HIGH ROAD, CHENNAI. C.C. to M/S. B.MANOHARAN Advocate on payment of necessary charges Order in CRL MP.7710 & 7712 /2021 in CRL.OP.9917/2021 Date :12/08/2021 From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format APN 01/09/2021