Madras High Court
Pawan Hasan Balachandra vs The State Represented By Its on 4 December, 2019
Author: P.Rajamanickam
Bench: P.Rajamanickam
Crl.O.P.No.32736 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 04.12.2019
CORAM:
THE HONOURABLE Mr.JUSTICE P.RAJAMANICKAM
CRL.O.P.Nos.32736 and 32737 of 2019
Pawan Hasan Balachandra ... Petitioner (in Crl.OP.No.32736
of 2019)
Vs.
The State Represented by its:
The Inspector of Police,
CB CID Police, Metro Wing,
Egmore, Chennai-600 008. ...Respondent (in
Crl.OP.No.32737 of 2019)
COMMON PRAYER: Criminal Original Petition filed under Section 482
of Cr.P.C, to modify the bail condition of (a) the petitioner shall deposit
original title deed worth Rs.25 lakhs before trial court, to that of his
offering own bail bond, concerning Crl.M.P.Nos.24382 & 24384 of
2019, on the file of the Court of Sessions, Chennai, dated 22.11.2019,
concerning Cr.Nos.3 & 4 of 2018, on the file of the above respondent
police.
In both appeals
For Petitioner : Mr.C.Srinivasan
For Respondent : Mr.M.Mohamed Riyaz,
Additional Public Prosecutor
COMMON ORDER
These petitions have been filed seeking a direction, to modify the condition imposed by the Principal Sessions Judge, Chennai in Crl.M.P.Nos.24382 & 24384 of 2019, dated 22.11.2019 directing the http://www.judis.nic.in 1/4 Crl.O.P.No.32736 of 2019 petitioner to deposit original title deeds worth Rs.25 lakhs before the Court.
2.The learned counsel for the petitioner has submitted that the petitioner is working only as a Marketing Manager and he has not committed any offence. He further submitted that the petitioner was arrested and remanded to judicial custody on 24.09.2019 for the offence punishable under Sections 419, 465, 467, 468, 471 & 472 of IPC r/w Sec.120(B) & 420 of IPC in Crime Nos.3 & 4 of 2018 on the file of the respondent police. He further submitted that the petitioner has moved bail applications in Crl.M.P.Nos.24382 & 24384 of 2019 before the Principal Sessions Judge, Chennai. The learned Principal Sessions Judge, by the order dated 22.11.2019, was pleased to grant bail to the petitioner by imposing conditions and one such condition is that the petitioner shall deposit original title deeds worth about Rs.25 lakhs before the Court. He further submitted that the petitioner is a poor man and he is not having capacity to deposit the original title deeds worth about Rs.25 lakhs and therefore he requested to modify the said condition.
3.Per Contra, the learned Additional Public Prosecutor has submitted that totally five accused involved in the above case and they http://www.judis.nic.in 2/4 Crl.O.P.No.32736 of 2019 have cheated the amount to the tune of Rs.3½ crores and taking into consideration of the aforesaid facts, the learned Principal Sessions Judge has imposed a condition, that the petitioner shall deposit original title deeds worth Rs.25 lakhs and in the said order, this Court need not interfere.
4.Taking into consideration, the rival submission made on either side, the condition imposed by the learned Principal Sessions Judge that the petitioner shall deposit a sum of Rs.25 lakhs before the Court is modified to the effect that he shall deposit the original title deeds worth about Rs.10 lakhs which stands either in his name or in the name of his family members.
5.With the above modification, these Criminal Original Petitions are disposed of.
04.12.2019 Index:Yes/No Speaking/Non speaking order gbi/ebsi Note: Issue Order copy on 05.12.2019 http://www.judis.nic.in 3/4 Crl.O.P.No.32736 of 2019 P.RAJAMANICKAM.J., gbi/ebsi To
1.The Court of Sessions, Chennai
2.The Inspector of Police, CB CID Police, Metro Wing, Egmore, Chennai-600 008.
3.The Public Prosecutor, High Court, Madras.
CRL.O.P.Nos.32736 and 32737 of 2019 04.12.2019 http://www.judis.nic.in 4/4