This criminal original petition has been filed to modify the bail condition in the order dated 09.12.2016 passed in C.M.P.No.3036 of 2016 on the file of the Principal District and Sessions Judge, Coimbatore.
2. Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the State.
3. The petitioner is an accused in Crime No.1 of 2016 for offences under Sections 120(b), 408 and 409 IPC and he was arrested and remanded to Judicial custody on 08.11.2016. The Principal District and Sessions Judge, Coimbatore granted bail, by order dated 09.12.2016 in C.M.P.No.3036 of 2016 with certain conditions, one of which is that the petitioner was directed to deposit 25% of the misappropriated amount or produce bank guarantee for the said amount, to the credit of the same in Crime No.1 of 2016 of CCIW (CID) City, Coimbatore before the Judicial Magistrate No.4, Coimbatore. Aggrieved by the same, the petitioner is before this Court.
4. According to the learned counsel for the petitioner / accused, there is a surcharge proceedings pending against the petitioner under the Tamil Nadu Co-operative Societies Act and upon leveling allegations against the petitioner, the retirement benefits to the tune of Rs.10 Lakhs had already been withheld by the respondent. Under such circumstances, the learned counsel appearing for the petitioner/accused seeks lenient view in modifying the order passed on 09.12.2016.
5. Considering the above submission of the learned counsel for the petitioner, this Court is inclined to modify the condition imposed by the Principal District and Sessions Judge, Coimbatore, directing the petitioner to deposit 25% of the misappropriated amount or produce bank guarantee for the said amount, to the credit of the same in Crime No.1 of 2016 of CCIW (CID) City, Coimbatore before the Judicial Magistrate No.4, Coimbatore, to the effect that the petitioner is directed to execute a bond for a sum of Rs.1,00,000/- (Rupees One Lakh Only) with two sureties for a like sum each to the satisfaction of the learned Judicial Magistrate No.IV, Coimbatore. Rest of the conditions imposed by the Principal District and Sessions Judge, Coimbatore, by order dated 09.12.2016 shall remain unaltered. Further, it is ordered that the withheld amount of the petitioner towards his retirement benefits shall be kept with the respondent, pending disposal of the trial.
R.MAHADEVAN, J.
mk With the above modification, this petition is ordered.
20.03.2017 Index : Yes / No Internet : Yes / No mk Note: Issue order copy on 21.03.2017 To
1. The Sub-Inspector of Police CCIW-CID Police Station, Coimbatore - 641 018.
2. The Public Prosecutor, High Court, Madras.
Crl.O.P.No.1545 of 2017
http://www.judis.nic.in