R.J.Gangatharan v. The Deputy Superintendent Of Police

CRL MP(MD) No.1596 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Second day of March Two Thousand and Twenty One PRESENT The Hon`ble Mr.Justice M.NIRMAL KUMAR CRL MP(MD) No.1596 of 2021 IN CRL OP(MD) No.10061 of 2020 R.J.GANGATHARAN ... PETITIONER/RESPONDENT/1st ACCUSED Vs THE DEPUTY SUPERINTENDENT OF POLICE, (IN CHARGE) CCIW -CID UNIT, MADURAI.

CRIME NO. 1/2020. ... RESPONDENT/PETITIONER/COMPLAINANT Petition filed praying that in the circumstances stated therein and in the petition filed therewith the High Court may be pleased to Modify the condition imposed in Crl OP No. 10061/2020 dated 05.11.2020 passed by this Honourable Court in so far as the condition directing the Petitioner deposit the original title deed stands in the name of the Petitioner or his relatives or his friends, not less than the value of Rupees one crore with the proper valuation certificate issued by the authorities concerned to the credit of Crime No.1 of 2020 on the file of the learned Principal District and Sessions Judge, Madurai.

Order : This petition coming up for orders on this day, upon perusing the petition filed in support thereof and upon hearing the arguments of M/s.R.GANDHI, Advocate for the petitioner and of Mr.M.V.CHANDRASEKARAN, Government Advocate(Crl. Side) on behalf of the Respondent, the Court made the following order:- This Criminal Miscellaneous Petition has been filed to modify the condition imposed by this Court in Crl.O.P.(MD).No.10061 of 2020, dated 05.11.2020.

2.This Court by an order, dated 05.11.2020, directed the petitioner/A1 to deposit the original title deed stands in the name of the petitioner/A1 or his relatives or his friends, not less than the value of Rs.1 Crore with the proper valuation certificate issued by the authorities concerned to the credit of Crime No.1 of 2020 before the learned Principal District and Sessions Judge, Madurai. https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL MP(MD) No.1596 of 2021 3.The learned counsel appearing for the petitioner submitted that the petitioner is having four properties in Doc.Nos.4331/2019 and 4285 of 2019. He further submitted that though the market value of the properties are more than Rs.2 Crores, as per the guidelines value of authorities, the value of the properties is valued less than Rs.50 lakhs. Due to which, the lower Court is not accepting the properties as sureties.

4.Considering the facts and circumstances of the case, the petitioner is directed to deposit the above said two documents before the concerned Court and file an affidavit stating that as per the market value of the properties is more than Rs.1 Crore. Further, he should not create any encumbrance or alienate the properties till the disposal of the trial proceedings. The trial Court is directed to consider the same on satisfaction accept the sureties produced by the petitioner.

5.Accordingly, this criminal miscellaneous petition is ordered and two weeks time is extended to comply with the conditions. sd/- 02/03/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

TO

1. THE PRINCIPAL DISTRICT AND SESSIONS JUDGE, MADURAI.

2. THE DEPUTY SUPERINTENDENT OF POLICE, (IN-CHARGE) CCIW-CID UNIT, MADURAI.

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

+1. C.C. to M/S.R.GANDHI, Advocate SR.No.8495 [F] ORDER IN CRL MP(MD) No.1596 of 2021 IN CRL OP(MD) No.10061 of 2020 Date :02/03/2021 vsg AE/JC/SAR-IV (05/03/2021) 2P / 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2