A.Johnson v. The Sub Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 30.05.2019

CORAM

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR Crl.O.P.No.13982 of 2019 1.A.Johnson 2.R.Shankar 3.P.Vijayprabhu 4.M.N.Venkateswaran ..Petitioners -VsState Represented by The Sub-Inspector of Police, Chits, Meter interest and Fake Passport Wing, Team XXXII, Central Crime Branch, Vepery, Chennai.

..Respondent Prayer: Criminal Original petition has been filed under Section 482 of Cr.PC to modify the condition that (a) the petitioners shall deposit title deed worth Rs.10 lakhs each before the trial Court and the title deed stands in the name of her own, friends or relatives and (b) that the accused shall appear and sign before the respondent police daily at 10.00 am and 5.00 pm until further orders as ordered in Crl.MP.No.4064 of 2019, dated 08.04.2019 on the file of the learned Metropolitan Magistrate (CCB & CBCID Cases) Egmore, Chennai.

For Petitioner : Mr.J.C.Durairaj For Respondent : Mr.S.Thankira Government Advocate (Criminal Side)

O R D E R

This petition has been filed seeking for modification of the condition imposed by the learned Metropolitan Magistrate (CCB & CBCID Cases) Egmore, Chennai, while granting statutory bail to the petitioner in Crl.MP.No.4064 of 2019, dated 08.04.2019.

2.The learned counsel for the petitioner submitted that the petitioners are aggrieved by the condition imposed by the Court below, wherein, the Court below has directed the petitioner to deposit title deed worth Rs.10 lakhs each before the trial Court which stands in the name of her own, friends or relatives and directed the accused to appear and sign before the respondent police daily at 10.00 am and 5.00 pm until further orders. The learned counsel for the petitioner submits that the condition imposed by the Court below is an onerous one which the petitioner not be in a position to fulfill and satisfy the Court, in the process their confinement would be prolonged and had filed modification petition to modify the deposit of the title deed, since they have no title deeds. He further submits that while granting bail to the co-accused, this Court has not imposed any such conditions and sought for modification. 3.The learned Government Advocate submits that the petitioners are the prime accused and hence no leniency could be shown.

4.Taking into consideration the facts and circumstances of the case and on perusal of the orders passed in Crl.OP.No.3670, 3690, 3693 & 3696 of 2019, this Court is inclined to delete the condition of the lower Court to the extent of deposit of title deeds. The other conditions imposed by the Court below shall remain the same.

5.This Criminal Original Petition is disposed of accordingly.

Sd/- Assistant Registrar(VO) //True copy// Sub Assistant Registrar sai/mkn To

1. The Metropolitan Magistrate, (CCB & CBCID Cases) Egmore, Chennai.

2. The Public Prosecutor, High Court, Chennai.

3. The Sub-Inspector of Police, Chits, Meter interest and Fake Passport Wing, Team XXXII, Central Crime Branch, Vepery, Chennai.

+1cc to Mr.J.C.Durairaj, Advocate SR.No.44398 Crl.O.P.No.13982 of 2019 RR(CO) GMY(03/06/2019)