C.Angappan v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.12.2021

CORAM

THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI Crl.O.P.No.24767 of 2021 and Crl.M.P.No.13934 of 2021 C.Angappan

...Petitioner/Accused

(Petitioner in Jail) Vs.

State Rep. by Inspector of Police, EDF Team - I, CCB, (Crime No.160 of 2021) ...Respondent Prayer: Criminal Original Petition filed under Section 482 of Cr.P.C. to modify the condition in Crl.M.P.No.22003 of 2021 dated 10.12.2021 order passed by Principal Session Judge, City Civil Court, Chennai, condition imposed on 6(b) the petitioner shall deposit a sum of Rs.50,00,000/- (Rupees Fifty Lakhs only) before the said Court in Crime No.160 of 2021 and the final order in respect of the amount will be passed at the end of the criminal proceedings by the Trial Court.

For Petitioner : Mr.G.Murugendran For Respondent : Mr.A.Gokulakrishnan Additional Public Prosecutor For Intervenor : Mr.E.Ezhil Caroline

O R D E R

This Criminal Original Petition has been filed to modify the condition imposed by the learned Principal Session Judge, City Civil Court, Chennai, in Crl.M.P.No.22003 of 2021 dated 10.12.2021.

2. The learned counsel for the petitioner submitted that the petitioner is in judicial custody for more than 26 days and the lower court, while granting bail to the petitioner, the trial Court imposed a condition that the petitioner shall deposit a sum of Rs.50,00,000/- (Rupees Fifty Lakhs only) before the said

Court in Cr.No.160 of 2021 and the final order in respect of the amount will be passed at the end of the criminal proceedings by the trial Court. However, he is unable to mobilize the funds. Hence, the modification petition has been filed by the petitioner. Petitioner counsel submits that petitioner is able to deposit part amount and after coming out of bail, he promised to deposit the balance part amount with short period.

3. Per contra, the learned Additional Public Prosecutor would submit that the petitioner has committed very serious offence and hence the learned Magistrate has rightly imposed the above said condition.

4. Considering the facts and circumstances of the case, reason is justifiable, hence, this Court modifies the condition that, (i) the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties, in which one surety must be a blood surety, to the satisfaction of the learned CCB and CBCID Metropolitan Magistrate, Chennai.

(ii) the petitioner shall deposit a sum of Rs.25,00,000/- before the said court in Cr.No.160 of 2021, on such deposit only he is ordered to be released on bail and after coming out of the bail, the petitioner is directed to deposit remaining balance of Rs.25,00,000/- within a period of three weeks, failing which, the bail order shall be automatically cancelled. (iii) the petitioner shall appear before the respondent police daily at 5.00 p.m until further orders. The other conditions imposed by the Court shall remain intact.

5. With the above modification, this Criminal Original Petition is ordered.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar drl To

1. The Principal Sessions Judge,

2. The Inspector of Police, EDF Team - I, CCB,

3. The Public Prosecutor, High Court, Madras.

4. The Superintendent, Central Prison, Puzhal, Chennai.

5. The CCB and CBCID, Metropolitan Magistrate, +1cc to Mr.G.Murugendran, Advocate, S.R.No.69349 Crl.O.P.No.24767 of 2021 GSM(CO) RGA(23/12/2021)