Madras High CourtCRL OP(MD)/22501/2018ordered

Hilda, v. The Inspector Of Police,

2018-12-20Honourable Mr Justice M. Nirmal Kumar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.12.2018

CORAM:

THE HONOURABLE MR. JUSTICE M.NIRMAL KUMAR Crl.O.P.(MD).No.22501 of 2018 Hilda .. Petitioner/Petitioner/2nd Accused Vs.

State rep. by The Inspector of Police, E.O.W.II, Kanyakumari District, Nagercoil.

(Crime No.1 of 2014) .. Respondent/Respondent/Complainant PRAYER: This Criminal Original Petition has been filed under Section 439 (1)(b) of Criminal Procedure Code, to call for the records pertaining to the order passed in Cr.M.P.No.3501/2018 in C.C.No.15/2015, dated 18.09.2018, on the file of the Special Court under TANPID Cases, Madurai and set aside the same as far as the condition imposed.

For Petitioner : Mr.T.Selvam For Respondent : Mr.K.Suyambulinga Bharathi Government Advocate (Crl. Side)

O R D E R

This petition has been filed by the petitioner seeking to set aside the order passed in Cr.M.P.No.3501/2018 in C.C.No.15/2015, dated 18.09.2018, on the file of the Special Court under TANPID Cases, Madurai.

2.The learned counsel for the petitioner submits that she was earlier granted bail in Crime No.1 of 2014 on condition to deposit a sum of Rs.2 lakhs into the crime number and on completion of investigation, the case was filed in C.C.No.15 of 2015. In respect of this case, Rs.1,35,30,000/- was defrauded from 76 depositors. The petitioner has been regularly appearing in this case. She is making sincere effort to settle the depositors. On 30.08.2018, due to diabetes, she was unable to appear before the court and contact her counsel to file a petition in this regard. Hence, Non Bailable Warrant was issued and she was arrested on 31.08.2018. The https://hcservices.ecourts.gov.in/hcservices/

petitioner had moved a bail application in Crl.M.P.No.3501 of 2018 before the TANPID Court, Madurai. On 18.09.2018, bail was granted to the petitioner with conditions and one of the condition is that the petitioner has to deposit a sum of Rs.6,00,000/- (Rupees Six Lakhs only) in this case. The learned counsel for the petitioner submits that the entire property has been attached. Due to this condition, she is unable to deposit Rs.6,00,000/-. Therefore, she has been come forward with this petition.

3.Considering the facts and circumstances of the case and submissions made by the learned counsel for the petitioner, the condition is modified to the effect that the petitioner shall deposit a sum of Rs.2,00,000/- (Rupees Two Lakhs only) instead of Rs.6,00,000/-. Other conditions imposed are remain unchanged. SD ASSISTANT REGISTRAR ( CRL SIDE ) TRUE COPY SUB ASSISTANT REGISTRAR ( CS III ) TM To 1.The Special Judge under TANPID Cases, Madurai. 2.The Inspector of Police, E.O.W.II, Kanyakumari District, Nagercoil.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

1CC TO MR. T. SELVAM, ADVOCATE SR 101394 SP RSK SAR 3 20 12 2018 2P 5C Crl.O.P.(MD).No.22501 of 2018 20.12.2018 https://hcservices.ecourts.gov.in/hcservices/