T.Ponsingam v. The State Rep By Its
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction ) Wednesday, the Eighth day of December Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL MISCELLANEOUS PETITION No.12500 of 2021 IN CRL OP.21386 of 2018 T.PONSINGAM [ PETITIONER / ACCUSED ] Vs THE STATE REP BY ITS [ RESPONDENT / COMPLAINANT ] THE INSPECTOR OF POLICE, CENTRAL CRIME BRANCH, TEAM-27, CHENNAI.
CRIME NO.222 OF 2018 Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to modify the condition imposed in para 7(a) by permitting the petitioner to substitute/replace the above said Sale Deeds, furnished by the petitioner as surety in the above Crl.O.P.N.21386 of 2018, as per order dated 01/10/2018 with Sale Deed dated 09/03/2021 registered as Document no.1250 of before the Sub-Registrar, Pavoorchatram/Tenkasi District for the value of Rs.27,00,000/- which stands in the name of petitioners wife Mrs.Latha and accept the same as surety and return back the original sale deeds already furnished as surety and thus render justice.
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. KANIMOZHI MATHI, Advocate for the Petitioner and of MR.S.BALAJI, Govt. Advocate (Crl. Side) on behalf of the Respondent the court made the following order:- This petition is filed to modify the condition imposed in para 7 (a) by permitting the petitioner to substitute/replace the above said sale deeds, furnished by the petitioner as surety in the above Crl.OP.No.21386 of 2018, as per the order dated 01.10.2018 with the sale deed dated 09.03.2021 registered as Document No.1250 of 2021
before the Sub-Registrar, Pavorchatram/Tenkasi District for the value of Rs.25,00,000/- which stand in the name of the petitioner's wife Mrs.Latha and accept the same as surety and return back the original deeds already furnished as surety.
2. The learned counsel for the petitioner submitted that while granting anticipatory bail to the petitioner, this court imposed a condition that the petitioner shall deposit the sale deed(s) in respect of the property worth about Rs.25,00,000/- before the learned Judicial Magistrate, CCB-CBCID, Egmore, Allikulam in Crime No.222 of 2018. In compliance of the order, the petitioner deposits 7 no. of sale deeds to the concerned Court. Then only the petitioner came to know that the settlement deed dated 02.12.2021 registered as Document No.6471 of 2021 before the Sub-Registrar, Pavorchatram/Tenkasi District for the value of Rs.27,00,000/-. Therefore, the learned counsel seeks to release the other documents and retain the above said document.
3. In view of above submission made by the learned counsel for the petitioner and on a perusal of the document, this court is inclined to direct the learned Judicial Magistrate, CCB-CBCID, Egmore, Allikulam to release all the documents except the settlement deed executed by P. Latha to in favour of the petitioner vide document No.6471 of 2021 before the SRO, Pavoorchathiram.
4. with the above direction, the petition for modification is ordered.
-sd/- 08/12/2021 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 JUDICIAL MAGISTRATE, CCB-CBCID, EGMORE, ALLIKULAM, CHENNAI.
2 THE CHIEF JUDICIAL MAGISTRATE EGMORE, CHENNAI [FOR INFORMATION].
3 THE INSPECTOR OF POLICE, CENTRAL CRIME BRANCH, TEAM-27, CHENNAI.
4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
5 THE SUB REGISTRAR, PAVORCHATRAM/TANKASI DISTRICT.
+1 C.C. to M/S. KANIMOZHI MATHI Advocate on payment of necessary charges SR.NO.14910 Order in CRL MP.12500/2021 in CRL OP.21386/2018 Date :08/12/2021 From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format JPA 17/12/2021