IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 07.02.2017 CORAM THE HONOURABLE MR. JUSTICE R.MAHADEVAN Crl.O.P.No.2521 of 2017 Gurusamy @ Sitthur Rajendran ... Petitioner Vs The State, rep by The Inspector of Police, Economic Offence Wing, Coimbatore. ... Respondent Criminal Original Petition filed under Section 482 Cr.P.C. to modify the order dated 21.11.2016 made in Crl.O.P.No.2790 of 2016 in Crime No.4 of 2016 on the file of the learned Special Judge, Special Court under TNPID Act Cases, Coimbatore, imposing all the conditions.
For Petitioner : Mr.I.Abrar Md Abdullah For respondent : Mr.C.Emalias, Addl. Public Prosecutor ORDER The present criminal original petition has been filed to modify the condition imposed on the petitioner in Crl.O.P.No.2790 of 2016 in Crime No.4 of 2016 dated 21.11.2016 on the file of the learned Special Judge, Special Court under TNPID Act Cases, Coimbatore.
2. It is the case of the petitioner that he has filed a petition in Crl.M.P.No.2790 of 2016 before the learned Special Judge, Special Court under TNPID Act Cases, Coimbatore, seeking bail and the learned Judge, by order dated 21.11.2016, granted bail to the petitioner on certain conditions and condition Nos.1 and 3 are as follows:-
(1) The petitioner shall deposit an amount of Rs.15,00,000/- into Court;
(3) The sureties must be close relatives of the petitioner and they shall deposit the Title deeds as a security into the Court for the amount of Rs.15,00,000/-, for which they stood as surety for the petitioner.
Since the petitioner is unable to comply with the said conditions, 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 conditions imposed on the petitioner.
4. Considering the facts and circumstances of the case, this Court is inclined to modify the said conditions imposed on the petitioner.
5. Accordingly, the condition No.(1) imposed on the petitioner in Crl.O.P.No.2790 of 2016 in Crime No.4 of 2016 dated 21.11.2016 by the learned Special Judge, Special Court under TNPID Act Cases, Coimbatore. viz., “ The petitioner shall deposit an amount of Rs.15,00,000/- into Court; “ is hereby modified as follows:-
“ The petitioner shall deposit an amount of Rs.10,00,000/- (Rupees ten lakh only) into Court within a period of two weeks from day (7.2.2017) “ On such deposit within the stipulated time, the condition No.(3) viz., “The sureties must be close relatives of the petitioner and they shall deposit the Title deeds as a security into the Court for the amount of Rs.15,00,000/-, for which they stood as surety for the petitioner “ is relaxed for the present in respect of deposit of title deeds alone. The other conditions shall remain unaltered. The criminal original petition is ordered accordingly.
07.02.2017 Index:Yes/No sbi To
1. The Special Judge, Special Court under TNPID Act Cases, Coimbatore.
2. The Inspector of Police, Economic Offence Wing, Coimbatore.
3. The Public Prosecutor, High Court, Madras.
R.MAHADEVAN, J sbi Crl.O.P.No.2521 of 2017 DATED: 7.2.2017 http://www.judis.nic.in