N.Sowri v. The Senior Intelligence Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.06.2021

CORAM

THE HON'BLE MR. JUSTICE A.D. JAGADISH CHANDIRA Crl. M.P. No. 17696 of 2019 in Crl. O.P. No. 24299 of 2014 N.Sowri ... Petitioner -vsThe Senior Intelligence Officer, ... Respondent Directorate of Revenue Intelligence, No. 25, Gopalakrishna (Iyer) Road, T.Nagar, Chennai - 600 017.

Prayer:- Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, 1973, praying to reduce the surety amount for returning the Petitioner's passport and to direct the Additional Chief Metropolitan Magistrate, EO1, Egmore, Chennai to return the Petitioner's passport No: Z 2392597 issued at Chennai on 11.09.2012 to the Petitioner.

For Petitioner : Mr. M.Abdul Nazeer For Respondent : M/S.N.P.KUMAR, Special Public Prosecutor, for DRI, Cases

ORDER

(The case has been heard through video conference) This petition has been filed by the Petitioner to modify the condition imposed on him in Crl. M.P. No. 113 of 2018 in Crl. O.P. No. 24299 of 2014. Earlier, the Petitioner had filed Crl. M.P. No. 13991 of 2016 seeking modification of the bail condition imposed on him to return the passport since the Petitioner is traveling to Singapore for religious purpose. This Court, while granting the said relief vide order dated 28.04.2017, had directed the Petitioner to furnish title security to the value of Rs. 15 Lakh for return of passport. Further, the Petitioner had filed Crl. M.P. No. 113 of 2018 seeking to modify the condition imposed on him in Crl. M.P. No. 13991 of 2016. This Court, while granting the said relief vide order dated 19.04.2018, had directed the Petitioner to furnish FDR receipts in him name worth Rs. 5 Lakh and further the wife of the Petitioner shall stand as surety for him.

2. The Learned Counsel for the Petitioner would submit that though the orders were passed as early as 19.04.2018, since the Petitioner was unable to secure the FDR receipt in his name to the value of Rs. 5 Lakh, he is unable to comply with the order and travel as prayed for. However, he would submit that instead of FDR receipts to the value of Rs. 5 Lakh, the Petitioner would be able to deposit the FDR receipts to the value of Rs. 3 Lakh in his name.

3. Heard the Learned Counsels.

4. Taking into consideration the submission made by the Learned Counsel for the Petitioner, this Court is inclined to modify the condition imposed on him to the effect that the Petitioner shall furnish FDR receipts in his name to the value of Rs. 3 Lakh instead of furnishing FDR receipts in his name to the value of Rs. 5 Lakh and further, the wife of the Petitioner shall stand as surety for him. The Petitioner shall give the details regarding the date of travel and the particulars of stay abroad to the Respondent. All other conditions imposed by this Court in the order dated 28.04.2017 in Crl. M.P. shall remain intact.

5. Accordingly, this Criminal Original Petition is ordered. -sd/- 28/06/2021 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 ADDITIONAL CHIEF METROPOLITAN MAGISTRATE, (EO1), EGMORE, CHENNAI-8 2 THE CHIEF METROPOLITAN MAGISTRATE, EGMORE, CHENNAI. [FOR INFORMATION] 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

4 THE SENIOR INTELLIGENCE OFFICER, DIRECTORATE OF REVENUE INTELLIGENCE, NO.25, GOPALAKRISHNA IYER ROAD, T.NAGAR, CHENNAI-17.

C.C. to M/S.M.ABDUL NAZEER Advocate on payment of necessary charges Order in CRL MP.17696/2019 in CRL OP.24299/2014 Date :28/06/2021 From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format TA-19/07/2021