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Madras High CourtCRL MP(MD)/5997/2018dismissed

C.Selvaraj v. The Deputy Superintendent

2018-08-02Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Second day of August Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL MP(MD) No.5997 of 2018 IN CRL OP(MD) No.17223 of 2016 C.SELVARAJ ... PETITIONER/PETITIONER/2nd ACCUSED Vs STATE REP.BY ITS, THE DEPUTY SUPERINTENDENT OF POLICE E.O.W. -II, NAGERCOIL, KANYAKUMARI DISTRICT, CRIME NO.1 OF 2016 ... RESPONDENT/RESPONDENT/COMPLAINANT Petition praying that in the circumstances stated therein and in the petition filed therewith the High Court will be pleased to modify the condition imposed by this Honourable Court in Crl.O.P (MD).No.6876/2018 dated 29/04/2016 in respect of deposit of Rs.2,00,000/- to the credit of Crime No.1/2016 before the TNPID Special Court, Madurai and consequently modify the condition imposed by this Court in Crl.

OP(MD).No.17223/2016 dated 26/09/2016 in respect of deposit Rs.8 lakhs to the credit in Crime No.1/2016 before the TNPID Special Court, Madurai and consequently direct the TNPID Special Court, Madurai to return back of Rs.10 lakhs deposited by the petitioner in the credit of Crime No.1/16 on the file of the 1st respondent deposited by compliance with the orders passed by this Court.

Order :This petition coming on for orders upon perusing the petition filed in support thereof and upon hearing the arguments of MR.K.P.NARAYANAKUMAR, Advocate for the petitioner and of MR.A.ROBINSON, Government Advocate (Crl.Side) on behalf of the Respondent, the court made the following order:- The petitioner was granted anticipatory bail by this Court on 26.09.2016, on condition that he deposits a sum of Rs.10,00,000/- to the credit of Crime No.1 of 2016, registered on the file of the Deputy Superintendant of Police EOW-II, Nagercoil. The said case is still pending and the final report is yet to be finalised and the attachment proceedings is also not yet over.

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2. The learned Government Advocate (Crl. Side) appearing for the respondent on instructions submits that worth of the attached properties is only to the tune of Rs.85,00,000/-. He would further submit that the petitioner is liable to pay more than Rupees One Crore.

3. In the circumstances, the question of permitting the petitioner to take back the money deposited by him, as part of the condition stipulated in Crl.O.P.(MD).No.17223 of 2016 does not arise. Hence, this petition is dismissed.

sd/- 02/08/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDGE, TANPID SPECIAL COURT, MADURAI 2 THE DEPUTY SUPERINTENDENT OF POLICE E.O.W. -II, NAGERCOIL, KANYAKUMARI DISTRICT, 3 THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CRL MP(MD) No.5997 of 2018 IN CRL OP(MD) No.17223 of 2016 Date :02/08/2018 PK/RR/SAR-1/16.08.2018 : 2P/4C https://hcservices.ecourts.gov.in/hcservices/