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Madras High CourtCRL MP/1168/2024ordered

Tamil Selvi v. State By,

2024-02-07Honourable Mrs Justice T.V.Thamilselvi5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.02.2024

CORAM:

THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI Crl.M.P.No.1168 of 2024 in Crl.O.P.No.2574 of 2023 Tamil Selvi ... Petitioner Vs.

State rep by The Inspector of Police, Bank Fraud Prevention Wing, Team-31, Central Crime Branch, Egmore, Chennai.

(Crime No.264 of 2022) ... Respondent PRAYER: Criminal Original Petition has been filed under Section 439(1) (b) of Cr.P.C. praying to modify the bail condition (Para 4) imposed against the petitioner by this Court in Crl.O.P.No.2574 of 2023 dated 08.02.2023.

Page No.1 of 5

For Petitioner :

Mr.S.Silambuselvan For Respondent :

Mr.S.Vinoth Kumar, Govt. Advocate (Crl. Side)

ORDER

This Criminal Original Petition has been filed seeking modification of the bail condition in para 4 imposed against the petitioner by this Court in Crl.O.P.No.2574 of 2023 dated 08.02.2023.

2. The learned Counsel for the petitioner submitted that the petitioner was arrested and remanded to judicial custody on 13.01.2023 for the offences under Sections 420, 465, 467, 468, 471, 120(B) of IPC. Subsequently, she was granted bail by the Metropolitan Magistrate, for exclusive trial of CCB Cases (Relating to cheating cases in Chennai) and CBCID metro cases Chennai-08, by an order dated 20.01.2023, on condition that the petitioner shall deposit a sum of Rs.10,00,000/~ (Rupees Ten Lakhs Only) into the credit of Crime No.264 of 2022. Page No.2 of 5

However, since the petitioner was inside the prison, she was not able to mobilize the fund and that the petitioner is still in judicial custody for more than a year. He further submitted that if fifteen days time is granted to the petitioner from the date of her release from the prison, she could make arrangement to mobilize the fund and deposit the same before the Court. Hence, he seeks for modification of the said condition.

3. The learned Government Advocate (Crl.Side) appearing for the respondent police raised objections stating that earlier this Court by an order dated 08.02.2023 modified the condition directing the petitioner to deposit a sum of Rs.5,00,000/-. However, again, they have filed this petition to modify the said condition.

4. Considering both side submissions, the condition No.(i) that the petitioner shall deposit a sum of Rs.2,00,000/- (Rupees two lakhs only) to the credit of Crime No.264 of 2022? imposed by the Metropolitan Magistrate, for exclusive trial of CCB Cases (Relating to cheating cases in Chennai) and CBCID Metro Cases, Chennai is Page No.3 of 5

modified and time is extended for further period of three weeks to deposit the above said amount. The rest of the conditions shall remain intact.

5. Accordingly, this Criminal Original petition is ordered. 07.02.2024 rpp To 1.The Metropolitan Magistrate, for exclusive trial of CCB Cases (Relating to cheating cases in Chennai) and CBCID metro cases Chennai~08 2.The Inspector of Police, Bank Fraud Prevention Wing, Team~31, Central Crime Branch, Egmore, Chennai.

3.The Public Prosecutor, High Court, Madras.

Page No.4 of 5

T.V.THAMILSELVI, J.

rpp Crl.M.P.No.1168 of 2024 in Crl.O.P.No.2574 of 2023 07.02.2024 Page No.5 of 5