Madras High CourtCRL OP/24416/2016modified

S.Balu @ Paul Mathew, v. The State Rep. By

2016-11-07Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.11.2016 C O R A M THE HONOURABLE Mr.JUSTICE P.N.PRAKASH Crl.O.P.No.24416 of 2016 S.Balu @ Paul Mathew

...Petitioner

Vs.

The State Rep. by The Inspector of Police Central Crime Branch Coimbatore, Coimbatore District. ... Respondent PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C to modify the condition imposed by the Hon'ble Special Court under TNPID (in Financial Establishment) Coimbatore in Crl.MP.No.2733 of 2016 dated 04.10.2016.

For Petitioner : Mr.S.Sugendran For Respondent : Mr.C. Emalias Addl. Public Prosecutor

O R D E R

This criminal original petition has been filed to mo7uydify the condition imposed by the Hon'ble Special Court under TNPID (in Financial Establishment) Coimbatore in Crl.MP.No.2733 of 2016 dated 04.10.2016.

2. Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the State.

3. It is seen that the petitioner was arrested on 15.08.2016 and remanded to judicial custody by the learned Judicial Magistrate No.III, Coimbatore for offence under Sections 409 and 420 IPC and Section 5 of TNPID Act. He was released on statutory bail by the Special Court, TNPID cases in Crl.MP.No.2733 of 2016 in Crime No 37 of 2016 on 04.01.2016 on certain conditions, one of which is that the petitioner should deposit a sum of Rs.25 lakhs into the Court. Challenging the said condition, the petitioner is before this Court. https://hcservices.ecourts.gov.in/hcservices/

4. Learned counsel for the petitioner submitted that though the petitioner was granted statutory bail as early as 04.10.2016, he was not able to mobilize Rs.25 lakhs because of his economic conditions.

5. Per contra, learned Additional Public Prosecutor submitted that the petitioner has cheated about 110 persons to the tune of more than Rs.1 Crore.

6. Be that as it may, the fact remains that the petitioner was granted statutory bail after 90 days on 04.10.2016 and as on date 07.11.2016, i.e after the lapse of one month also, the petitioner is not able to mobilize the amount.

5. Under such circumstances, in the interest of justice, this Court modifies the condition to the effect that the petitioner shall deposit Rs.15 lakhs instead of Rs.25 lakhs. Rest of the conditions imposed by the Special Court shall remain the same.

6. The Special Court for TNPID cases, Coimbatore is directed to deposit the sum of Rs.15 lakhs in the Fixed Deposit in any Nationalised Bank, thereby the account will accrue interest and it is open to the Special Court to pass appropriate orders with regard to the disbursing of the amount at the end of the trial. With the above modifications, this petition is ordered. Sd/- Asst.Registrar (CS II ) /true copy/ Sub Asst. Registrar To

1. The Special Judge, Special Court, under TNPID Act cases, Coimbatore

2. The Inspector of Police Central Crime Branch Coimbatore, Coimbatore District.

3. The Public Prosecutor, High Court, Madras. +1 cc to Mr.S.Sugendran,advocate,sr.63756.

kgk(co) krd 24/11 Crl.O.P.No.24416 of 2016 https://hcservices.ecourts.gov.in/hcservices/