This Criminal Original Petition has been filed to modify the Condition Nos.1 and 2 of the order dated 19.12.2016 made in Crl.M.P.No.3702 of 2016 by the learned XI Metropolitan Magistrate, Saidapet, Chennai, directing the petitioner to deposit a sum of Rs.15,00,000/- to the credit of CCB Cr.No.508 of 2015 and to execute a bond for a sum of Rs.1,00,000/- with two sureties each for the like sum. It was also directed that the sureties shall produce proper solvency certificate duly obtained from the competent authority or proper title deeds.
2. It is the case of the prosecution that the petitioner had misappropriated the funds of the company of the de facto complainant, while he was working in the company as Accountant. The petitioner states that due to some employment issues, the petitioner was falsely exposed as a wrongdoer by the Management and Directors of the company. It is further stated by the petitioner that a case has been filed against the petitioner in Cr.No.508 of 2015 before the respondent police, but the final report was not filed by the respondent within the stipulated time under the Criminal Procedure Code. The petitioner filed an application for bail in Crl.M.P.No.3702 of 2016 before the learned XI Metropolitan Magistrate, Saidapet, Chennai and the learned Magistrate enlarged the petitioner on bail on the following conditions:
(i) The petitioner shall deposit a sum of Rs.15,00,000/- (Rupees Fifteen Lakhs Only) to the credit of CCB Cr.No.508 of 2015 before the Court;
(ii) The petitioner shall execute a bond for a sum of Rs.1,00,000/- with two sureties to the like sum each. The sureties shall produce proper solvency certificate duly obtained from the competent authority or proper title deeds;
(iii) The petitioner shall appear before the respondent / police daily at 10.00 am until further orders;
(iv) The petitioner shall produce a copy of address cum ID proof before the Court at the time of producing sureties.
3. Now the petitioner has filed this Criminal Original Petition to modify the first and second conditions imposed by the Trial Court.
4. The learned counsel for the petitioner submits that the petitioner's brother is ready to deposit the title deeds in respect of his agricultural land in S.No.235/3 measuring to an extent of 1 Hectare and 58.50 Ares and in S.F.No.99/1 measuring to an extent of 2 Hectares and 29.50 Ares, in total 3 Hectares 88.00 Ares at Killa Irral Village, Ettiyapuram Taluk, Tuticorin District in Patta No.435, along with patta, chitta and adangal extracts and the revenue records in original, to the satisfaction of the learned XI Metropolitan Magistrate, Saidapet, Chennai, as security and hence taking into consideration of the same, the first and second conditions may be modified. To that effect, an affidavit was also filed on behalf of the petitioner.
5. Mr.C.Emalias, learned Additional Public Prosecutor, takes notice for the respondent.
6. Considering the facts and circumstances of the case, the first condition imposed by the Trial Court is modified to the effect that the petitioner's brother shall deposit the title deeds in respect of his agricultural land in S.No.235/3 measuring to an extent of 1 Hectare and 58.50 Ares and in S.F.No.99/1 measuring to an extent of 2 Hectares and 29.50 Ares, in total 3 Hectares 88.00 Ares at Killa Irral Village, Ettiyapuram Taluk, Tuticorin District in Patta No.435, along with patta, chitta and adangal extracts and the revenue records in original, to the satisfaction of the learned XI Metropolitan Magistrate, Saidapet, Chennai, as security, and on such filing of documents, necessary orders be passed by the learned Magistrate. Further, the second condition imposed by the Trial Court is also modified to the effect that the petitioner shall only execute a bond for a sum of Rs.1,00,000/- with two sureties each for the like sum. The condition to produce proper solvency certificate to be obtained from the competent authority, is deleted. The other conditions imposed by the learned Trial Judge shall remain unaltered.
7. The Criminal Original Petition is disposed of accordingly.
Index : Yes/No 12.01.2017 Internet : Yes/No KM Note to the Registry: Issue order copy today (12.01.2017). To
1. The Inspector of Police, Central Crime Branch, EDF-II, Team 3, Vepery, Chennai.
2. The XI Metropolitan Magistrate, Saidapet, Chennai.
3. The Public Prosecutor, Madras High Court, Chennai-600 104 R.MAHADEVAN, J.
KM Crl.O.P.No.161 of 2017 12.01.2017