IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 13.02.2017 CORAM THE HONOURABLE MR. JUSTICE R.MAHADEVAN Crl.O.P.No.27312 of 2016 A.Muthukumar ... Petitioner Vs State rep. By The Inspector of Police, EOW-II, Combatore. ... Respondent Criminal Original Petition filed under Section 482 Cr.P.C. to modify the condition imposed on this petitioner by the learned Special Judge, Special Court under TNPID Act Cases, Coimbatore, in Crl.M.P.No.2131 of 2016 dated 24.8.2016 “to produce the documents related to the immovable property for the value of Rs.15 lakhs each as security” and the quantum of value of the document surety shall be modified as Rs.50,000/- for each surety.
For Petitioner : Mr.B.Mohanraj For respondents : Mr.C.Emalias, Addl. Public Prosecutor ORDER The present criminal original petition has been filed to modify the condition imposed on the petitioner by the learned Special Judge, Special Court under TNPID Act Cases, Coimbatore, in Crl.M.P.No.2131 of 2016 dated 24.8.2016.
2. It is the case of the petitioner that he filed a petition in Crl.M.P.No.2131 of 2016 before the learned Special Judge, Special Court under TNPID Act Cases, Coimbatore, seeking bail and the learned Judge, by order dated 24.8.2016, granted bail to the petitioner on certain conditions. One of the conditions is that the petitioner should execute a bond for Rs.15 lakhs with two sureties for a likesum and they must be close relatives of the accused and they must produce the documents related to the immovable property for the value of Rs.15 lakhs each as surety. Since the petitioner is from a poor family and his relatives and parents are not having any documents worth for Rs.15 lakhs, he is not in a position to avail the benefit of the said order. Hence, seeking modification of the said order, the petitioner has come up with the present petition.
3. Learned Additional Public Prosecutor has no serious objection to modify the said condition imposed on the petitioner.
4. Hence, the condition imposed on the petitioner in Crl.M.P.No.2131 of 2016 dated 24.8.2016, by the learned Special Judge, Special Court under TNPID Act Cases, Coimbatore, viz., the petitioner should execute a bond for Rs.15 lakhs with two sureties for a likesum and they must be close relatives of the accused and they must produce the documents related to the immovable property for the value of Rs.15 lakhs each as surety, is hereby modified as follows:-
“ The petitioner should execute a bond for a sum of Rs.10,00,000/- (Rupees ten lakh only) with two sureties each for a likesum and they must be close relatives or friends of the accused and they must produce the documents related to the immovable property for the value of Rs.10,00,000/- each as surety. It is made clear that the original title deeds should be produced before the Court. “ The other conditions shall remain unaltered. The criminal original petition is ordered accordingly.
13.02.2017 Index:Yes/No sbi Note: Issue order copy on 15.2.2017.
To
1. The Special Judge, Special Court under TNPID Act Cases, Coimbatore
2. The Inspector of Police, EOW-II, Combatore.
3. The Public Prosecutor, High Court, Madras.
R.MAHADEVAN, J sbi Crl.O.P.No.27312 of 2016 DATED: 13.2.2017