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Madras High CourtCRL MP/14436/2024ordered

Enoch v. State Represented By,

2024-11-08Honourable Mr.Justice Sunder Mohan4 pages

SUNDER MOHAN, J.

This Criminal Miscellaneous Petition has been filed by the petitioner, seeking to modify the condition imposed by this Court in Crl.MP No.7622 of 2024 in Crl.A.No.911 of 2023 dated 08.05.2024.

2. The learned counsel for the petitioner would submit that though this Court by order dated 08.05.2024 in Crl.MP No.7622 of 2024 in Crl.A.No.911 of 2023 had suspended the sentence directing the petitioner to deposit Rs.15,00,000/- to the credit of C.C.No.2 of 2014 immediately and a sum of Rs.8,00,000/- within a period of six weeks from the date of release of bail, the petitioner was unable to mobilize funds and hence he is still in custody.

3. The learned Government Advocate (crl.side), per contra submitted that the petitioner had challenged the order granting suspension before the Hon'ble Supreme Court and the Hon'ble Supreme Court had dismissed the SLP and granted liberty to the petitioner to approach this Court. Page 1/4

4. Heard the learned counsel for the petitioner as well as learned Government Advocate (crl.side) for the respondent and and perused the records.

5. Considering the fact that the petitioner was unable to comply with the condition imposed by this Court for more than six months and he is still in custody, inspite of the order of this Court suspending the sentence, this court is inclined to modify para 6(ii) and 6(iii) of the order of this court dated 08.05.2024 as follows - (a) The petitioner shall deposit a sum of Rs.5,00,000/- (Rupees Five Lakhs only) to the credit of C.C.No.2 of 2014 on the file of Special Judge, Special Court under TNPID Act, Coimbatore,immediately.

(b) Further, the petitioner shall deposit the balance amount of Rs.18,00,000/- (Rupees Eighteen Lakhs only) to the credit of C.C.No.2 of 2014 on the file of Special Judge, Special Court under TNPID Act, Coimbatore within a period of eight Page 2/4

weeks from the date of release on bail.

(c) In the event of failure to deposit the above mentioned amounts, to the credit of C.C.No.2 of 2014 on the file of Special Judge, Special Court under TNPID Act, Coimbatore, this order would stand automatically cancelled.

6. Accordingly, these Criminal Miscellaneous Petition is ordered. 08.11.2024 rgr Note: Issue order copy by 11.11.2024 To 1.The Special Judge, Special Court under TNPID Act, Coimbatore, 2.The Deputy Superintendent of Police Economic Offences Wing-II, Namakkal.

3.The Superintendent of Prison, Central Jail, Coimbatore.

4.The Public Prosecutor, Page 3/4

High Court, Madras.

SUNDER MOHAN, J.

rgr 08.11.2024 Page 4/4