Madras High CourtCRL OP/15540/2021allowed

K.Mani v. State Rep By

2021-09-01Honourable Mr Justice M.Dhandapani2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01.09.2021

CORAM:

THE HON'BLE MR.JUSTICE M.DHANDAPANI Crl.O.P.No.15540 of 2021 K.Mani S/o. Karupusmay ...Petitioner/Accused 1 Vs.

State rep.by Deputy Superintendent of Police, Economic Offences Wing -II Coimbatore Distrcit.

(Cr.No. 01 of 2020) ...Respondent/Complainant PRAYER: Criminal Original petition has been filed under Section 439 (1) (b) of Cr.P.C, prayed to set aside the Docuet order passed unnumbered Crl.M.P.No. by a return order dated 08.07.2021 in Crl.MP.No. 767 of 2020 dated 29.06.2020 by the Special Judge, special Court under TNPID Act, Coimbatore. For Petitioner : Mr.K.Balasubramanian For Respondent : Mr.A.Gopinath Government Advocate (Crl.Side)

ORDER

This petition is filed to set aside the unnumbered Crl.M.P.No. by a return order dated 08.07.2021 in Crl.MP.No.767 of 2020 dated 29.06.2020 by the Special Judge, special Court under TNPID Act, Coimbatore.

2. The case of the prosecution is that the petitioner along with another accused person conducted chit and thereby cheated many depositors by not paying their monies. The petitioner was arrested and remanded to judicial custody from 17.03.2020. Thereafter as per the order passed in Crl.M.P.No. 767 of 2020 by the trial court dated 29.06.2020 the petitioner was enlarged on bail on condition that the petitioner shall execute two sureties for a sum of Rs.5,00,000/- each within a period of 15 days.

3. Learned Counsel appearing for the petitioner submits that the petitioner was not able to comply with the condition imposed for the reason that the petitioner was residing at Coimbatore, where the covid spread is still increasing and seeks further https://hcservices.ecourts.gov.in/hcservices/

time for complying with the condition. Further, Learned Counsel appearing for the petitioner submits that as the petitioner on his own violation had accepted to deposit Rs.5,00,000 on his own volition had granted bail to the petitioner.

4. Considering the facts and circumstance this court inclined to extend the period by two weeks from today for complying with the conditions. Subject to the condition that the petitioner deposits a sum of Rs.25,000/- in favour of the Dean, ESI Hospital, Coimbatore within a period of two weeks from today for treating Covid patients.

5. Accordingly this Criminal Original petition is allowed. Sd/- Assistant Registrar(CS IV) True Copy// Sub Assistant Registrar Sma To

1. The Special Judge, Special Court under TNPID ACT Coimbatore.

2. The Deputy Superintendent of Police, Economic Offences Wing -II, Coimbatore.

3. The Public Prosecutor, High Court, Madras COPY TO:

The Dean, ESI Hospital, Coimbatore.

+1 CC to Mr,Balasubramaniam, Advocate, Sr.No. 43794. Crl.O.P.No.15540 of 2021 MG(CO) LS(12/10/2021) https://hcservices.ecourts.gov.in/hcservices/