Pawan Hasan Balachandra v. The State Represented By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04.12.2019

CORAM:

THE HONOURABLE Mr.JUSTICE P.RAJAMANICKAM CRL.O.P.Nos.32736 and 32737 of 2019 Pawan Hasan Balachandra ... Petitioner/Accused in Both Crl.OPs.

Vs.

The State Represented by its:

The Inspector of Police, CB CID Police, Metro Wing, Egmore, Chennai-600 008.

...Respondent/Complainant

in Both Crl.OPs.

COMMON PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, to modify the bail condition of (a) the petitioner shall deposit original title deed worth Rs.25 lakhs before trial court, to that of his offering own bail bond, concerning Crl.M.P.Nos.24382 & 24384 of 2019, on the file of the Court of Sessions, Chennai, dated 22.11.2019, concerning Cr.Nos.3 & 4 of 2018, on the file of the above respondent police. In both appeals For Petitioner : Mr.C.Srinivasan For Respondent : Mr.M.Mohamed Riyaz, Additional Public Prosecutor COMMON ORDER These petitions have been filed seeking a direction, to modify the condition imposed by the Principal Sessions Judge, Chennai in Crl.M.P.Nos.24382 & 24384 of 2019, dated 22.11.2019 directing the petitioner to deposit original title deeds worth Rs.25 lakhs before the Court.

2.The learned counsel for the petitioner has submitted that the petitioner is working only as a Marketing Manager and he has not committed any offence. He further submitted that the petitioner was arrested and remanded to judicial custody on 24.09.2019 for the offence punishable under Sections 419, 465, 467, 468, 471 & 472 of IPC r/w Sec.120(B) & 420 of IPC in Crime Nos.3 & 4 of 2018 on the file of the respondent police. He further submitted that the petitioner has moved bail applications in Crl.M.P.Nos.24382 & 24384 of 2019 before the 1/2 https://hcservices.ecourts.gov.in/hcservices/

Principal Sessions Judge, Chennai. The learned Principal Sessions Judge, by the order dated 22.11.2019, was pleased to grant bail to the petitioner by imposing conditions and one such condition is that the petitioner shall deposit original title deeds worth about Rs.25 lakhs before the Court. He further submitted that the petitioner is a poor man and he is not having capacity to deposit the original title deeds worth about Rs.25 lakhs and therefore he requested to modify the said condition. 3.Per Contra, the learned Additional Public Prosecutor has submitted that totally five accused involved in the above case and they have cheated the amount to the tune of Rs.

31⁄2 crores and taking into consideration of the aforesaid facts, the learned Principal Sessions Judge has imposed a condition, that the petitioner shall deposit original title deeds worth Rs.25 lakhs and in the said order, this Court need not interfere. 4.Taking into consideration, the rival submission made on either side, the condition imposed by the learned Principal Sessions Judge that the petitioner shall deposit a sum of Rs.25 lakhs before the Court is modified to the effect that he shall deposit the original title deeds worth about Rs.10 lakhs which stands either in his name or in the name of his family members. 5.With the above modification, these Criminal Original Petitions are disposed of.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To 1.The Principal Sessions Judge, Chennai 2.The Inspector of Police, CB CID Police, Metro Wing, Egmore, Chennai-600 008. 3.The Public Prosecutor, High Court, Madras. +1 cc to M/s.C.Srinivasan,Advocate Sr.No. 100979 +1 cc to M/s.C.Srinivasan,Advocate Sr.No. 100980 (06.12.19) AKM/05.12.19/2P-6C / CRL.O.P.Nos.32736 and 32737 of 2019 2/2 https://hcservices.ecourts.gov.in/hcservices/