Kalaiselvan v. The State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 11.03.2021 CORAM :

THE HON'BLE MR. JUSTICE V. BHARATHIDASAN Kalaiselvan, S/o. Arumugasamy, No.7/4B, Kaliyamman Koil St., Ayakudi, Thenkasi Dt.

... Petitioner Vs.

State rep. by The Inspector of Police, District Crime Branch (DCB), Villupuram Dt.

(Crime No.8 of 2020) ... Respondent PRAYER: Criminal Original Petition is filed under Section 439(1)(b) of Criminal Procedure Code to modify the bail condition of depositing a sum of Rs.1,00,000/- (Rupees one lakhs only) to the credit of Crime No. and also to deposit original title deed in his name or of his spouse or of his friends for value not less than Rs.4,00,000/- (Rupees Four lakhs only) in Crl.M.P. No.1879 of 2020 dated 03.12.2020 before the learned Judicial Magistrate-I, Villupuram.

For Petitioner : Mr.M.Selvam For Respondent : Mr.S.Karthikeyan Addl. Public Prosecutor 1/5

O R D E R

(The case has been heard through video conference) This petition has been filed seeking to modify the bail condition of depositing a sum of Rs.1,00,000/- (Rupees one lakhs only) to the credit of Crime No. 8 of 2020 and also to deposit original title deed in his name or of his spouse or of his friends for value not less than Rs.4,00,000/- (Rupees Four lakhs only) in Crl.M.P. No.1879 of 2020 dated 03.12.2020 before the learned Judicial Magistrate-I, Villupuram.

2. Earlier, the court below has granted bail to the petitioner on condition to deposit a sum of Rs.1,00,000/- and also to deposit original title deed for the value not less than Rs.4,00,000/-. Now, this petition has been filed for modification of the said conditions.

3. The learned counsel appearing for petitioner would submit that the petitioner is not having any immovable property. Hence, he is not able to deposit original title deed. Now, he is ready and willing to deposit the sum as cash security. Hence, he prayed to modify the condition imposed by the court below.

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4. I have heard and considered the rival submissions made by the learned counsel appearing for petitioner as well as Additional Public Prosecutor and perused the records.

5. Taking into consideration of the facts and circumstances, this Court is inclined to modify the condition to the limited extent. Instead of depositing a sum of Rs.1,00,000/- and also depositing original title deed in his name or of his spouse and of his friends for value not less than Rs.4,00,000/-, the petitioner shall deposit Rs.5,00,000/- as cash security to the credit of Crime No.8 of 2020 before the learned Judicial Magistrate No.I, Villupuram. The other conditions imposed by the learned Judicial Magistrate No.I, Villupuram in Cr.M.P.No.1879 of 2020 stands remain confirmed. Accordingly, this Crl.O.P. is disposed of. 11.03.2021 rpp 3/5

To

1. The Judicial Magistrate-I, Villupuram.

2. The Inspector of Police, District Crime Branch (DCB), Villupuram Dt.

3.The Public Prosecutor, High Court of Madras, Chennai.

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V.BHARATHIDASAN, J.

rpp 11.03.2021 5/5