Madras High CourtCRL MP(MD)/3504/2019ordered

S.Raja @ Alagarsamy, v. The Inspector Of Police

2019-06-17Honourable Mr Justice P. Rajamanickam3 pages

EFORE THE MADURAI BENCH OF MADRAS HIGH COURT, MADURAI ( Criminal Jurisdiction ) Date : 17/06/2019 PRESENT The Hon`ble Mr.Justice P.RAJAMANICKAM CRL MP(MD). No.3504 of 2019 in Crl.O.P(MD) No.3578 of 2019

1. S.Raja @ Alagarsamy,,

2. S.Rameshkumar,,

3. A.Shahul Hameed,,

4. Basheer,,

5. Badhusha,, ... Petitioners/Accused 1 to 5 Vs The State Rep.through The Inspector of Police, Economical Offences Wing, Trichy (Cr.No.1/2019).

... Respondent/Complainant For Petitioners : Mr.C.M.Arumugan for M/s.A.Vadivel, Advocate For Respondent : M.Anantha Devi, Govt.Advocate (Crl.Side) PETITION FOR MODIFICATION Under Sec.439(i)(b) Cr.P.C. PRAYER :- To modify the condition imposed in respect of deposit a sum of Rs.90,00,000/- (Rupees Ninety Lakhs only) in favour of the depositors before the trial court on or before 11.04.2019 in Crl.OP (MD)No.3578 of 2019 dated 14.03.2019 in connection with Cr.No.1 of 2019 on the file of the respondent police.

ORDER : The Court Made the following order :- This petition has been filed to modify the condition imposed in respect of deposit a sum of Rs.90,00,000/- (Rupees Ninety Lakhs only) in favour of the depositors before the trial court on or

before 11.04.2019 in Crl.OP(MD)No.3578 of 2019 dated 14.03.2019 in connection with Cr.No.1 of 2019 on the file of the respondent police.

2. The learned counsel for the petitioners would submit that this Court by an order dated 14.03.2019 in Crl.O,.P(MD) No. 3578 of 2019 directed the petitioners to deposit a sum of Rs.90,00,000/- (Rupees Ninety Lakhs only) to the credit in Crime number 01 of 2019 on or before 11.04.2019 for settling dues to the 80 victims. He would further submit that since all the accounts of the petitioners were frozen by the respondent police, they are unable to deposit the amount of Rs.90,00,000/- and execute sureties. Hence he seeks to modify condition.

3. The learned Government Advocate(Crl.Side) has fairly conceded that the respondent police has frozen all the accounts of the petitioners.

4. Considering the submissions made on either sides, the condition imposed by this Court dated 14.03.2019 in Crl.O,.P(MD) No. 3578 of 2019 directing the petitioners to deposit a sum of Rs.90,00,000/- (Rupees Ninety Lakhs only) to the credit in Crime number 01 of 2019 on or before 11.04.2019 for settling dues to the 80 victims is modified to the effect that the petitioners shall deposit a sum of Rs.69,00,000/- (Rupees Sixty Nine lakhs only) to the credit in crime number 01 of 2019 as undertaken by them. Time is extended for two weeks to execute sureties and for depositing the aforesaid amount of Rs.69,00,000/-(Rupees Sixty Nine Lakhs only). All the conditions in the said order shall remain intact. sd/- 17/06/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDGE, TANPID COURT, MADURAI.

2 THE INSPECTOR OF POLICE, ECONOMICAL OFFENCES WING, TRICHY.

3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1 CC to M/s.A.VADIVEL, Advocate ( SR-9769[I] dated 17/06/2019 )

ORDER

IN CRL MP(MD) No.3504 of 2019 IN CRL OP(MD) No.3578 of 2019 Date :17/06/2019 aav AE/PN/SAR-II (24.06.2019) 4P 5C