9911796707
TMI Blog2020 (7) TMI 163X X X X Extracts X X X X X X X X Extracts X X X X ..... l deposit title deeds of immovable properties each to the value of ₹ 20lakhs before the Additional Chief Metropolitan Magistrate (EO-I), Egmore, Chennai within four weeks from the lifting of the lock down or the commencement of the Court's normal functioning, failing which the bail granted by this Court shall stand dismissed automatically. - Crl.O.P.Nos.5991 and 6461 of 2020 - - - Dated:- 30-6-2020 - HONOURABLE MR. JUSTICE A.D. JAGADISH CHANDIRA For Petitioners : Mr.Durai Kannan For Respondents : Mr.N.P.Kumar Special Public Prosecutor COMMON ORDER (The case has been heard through video conference) These petitions have been filed seeking to modify the conditions imposed in the statutory bail orders dated 19 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... name worth not less than ₹ 20 lakhs before the Court. Since the condition imposed to deposit ₹ 5,00,000/- was onerous and unreasonable, the petitioners were unable to deposit the amount and come out on bail, despite statutory bail being granted on 19.02.2020. Further, since the petitioners did not possess any property in their names, the petitioners filed a petition seeking for modification of condition before the Court of Principal Sessions Judge in Crl.M.P No.4576 and 4575 of 2020 and the learned Sessions Judge, by an order dated 28.02.2020 partly modified the condition that the petitioners shall deposit cash of ₹ 5,00,000/- and the petitioners were also directed to deposit title deed of any other person worth about S ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and 15.16crores, approximately on the invoice value of ₹ 57.99crores and 90.84crores. It has also been admitted by the petitioners in voluntarily statement dated 20.12.2019 that they have also produced fake Aadhar cards before the authorities and the total amount cheated by the petitioners along with other accused work out to above ₹ 122 crores. He would further submit that the petitioners have offered to deposit ₹ 5,00,000/- before the Sessions Court. 5. At this juncture, the learned counsel for the petitioner would submit that though at that relevant time before the Principal Sessions Court, the petitioners had made an offer to deposit the cash security, due to the present situation of Covid-19, the family members are ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... easible right of the petitioner and will prevent the petitioner from coming out on bail. The Court below failed to appreciate this fundamental aspect while dismissing the bail petition filed by the petitioner. It is seen from records that the petitioner is a permanent resident of Coimbatore, and all the properties belonging to the petitioner and her family is in and around Coimbatore and this Court is convinced that the petitioner cannot abscond, if the bail is granted by imposing reasonable conditions. 8. In this case, the petitioners have been arrested on 21.12.2019 and since, the final report was not filed by the respondent they have been granted bail on 19.02.2020. Despite the bail order being passed on 19.02.2020, the petitioners ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
