Madras High Court
N.Anand Venkatesh vs Unknown on 26 June, 2019
Author: N.Anand Venkatesh
Bench: N.Anand Venkatesh
1 Crl.M.P.No.7238/2019
CRL.M.P.No.7238 of 2019
in Crl.O.P.No.8776 of 2019
N.ANAND VENKATESH,J.
This Court, by an order, dated 26.06.2019, granted interim bail to the petitioner, subject to certain conditions. One of the conditions, that was imposed by this Court, is extracted hereunder :
''(b) The petitioner shall arrange for the deposit of the title deeds to the tune of Rs.10 Crores either of the property belonging to the petitioner or his relatives or his friends or all put together, within a period of four weeks from the date of receipt of copy of this order.''
2. Pursuant to the abovesaid order, the petitioner had gone before the Court concerned and executed the sureties and also produced the title deeds for certain properties. The Court concerned was not satisfied with the value of the said properties. Therefore, the petitioner again approached this Court and sought for modification of the condition stated above.
3. Since the dispute involved is with regard to the value of the properties, this Court had appointed ITCOT Consultancy and Services Ltd. to evaluate the properties.
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4. It was reported before this Court by the said Consultancy on 28.11.2019 that the total value of the said properties was Rs.7,76,50,000/-, which fell short of the value that was stipulated by this Court as a condition.
5. In view of the above development, the petitioner has now come up before this Court with a plea, stating that he is willing to offer six plots, situated in Survey No.412/1 Part, Patta No.4754, in Pallavaram Circle, 91 Kundrathur 'B' Village, Kancheepuram District, which, according to the petitioner, has a market value of Rs.4,00,12,500/-.
6. Mr.N.R.Elango, learned Senior Counsel, appearing on behalf of the petitioner, submitted that the petitioner is taking all efforts to satisfy the condition imposed by this Court. The learned Senior Counsel further submitted that there is a shortfall in the value of the properties, which were already offered as security, and, therefore, the petitioner is prepared to set off the difference in the valuation, by offering six plots, which, according to the petitioner, is valued at Rs.4.00 crores and odd. The learned Senior Counsel also submitted that, by offering this additional security, the condition imposed by this Court, while granting interim bail to the petitioner, will be satisfied and, therefore, the petitioner may be permitted to offer the additional properties also as security before the Court below, so as to fulfil the condition (b) above, imposed by this Court.
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7. Mr.N.Ramesh, learned Special Public Prosecutor, appearing for the respondent, has submitted that the petitioner may be permitted to offer the additional properties offered by the petitioner and the Court below can be directed to satisfy itself regarding the value of the properties, which are given as additional security. He would further submit that, in the meantime, the respondent will also check up the value of the properties, which are now offered as additional security.
8. This Court has carefully considered the submissions made by the learned counsel on either side.
9. In view of the above development, there shall be a direction to the petitioner to furnish the original documents of all six plots, situated in Survey No.412/1 Part, Patta No.4754, in Pallavaram Circle, 91 Kundrathur 'B' Village, Kancheepuram District, before the Court below within a period of one week from the date of receipt of a copy of this order. Thereafter, the Court below is directed to take the additional security that is offered by the petitioner and satisfy itself with regard to the valuation of the property. If the value of the property, offered as additional security by the petitioner, is able to set off the shortfall, the Court below can proceed to record its satisfaction.
10. Criminal Miscellaneous Petition is disposed of accordingly.
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11. Post this matter for reporting compliance on 03.01.2020 at 02.15 p.m. dixit 13-12-2019 Note to Office :
Issue Order Copy on 16.12.2019 http://www.judis.nic.in 5 Crl.M.P.No.7238/2019 N.ANAND VENKATESH, J.
dixit Crl.M.P.No.7238 of 2019 (Next Date of Hearing : 03-01-2020) 13.12.2019 http://www.judis.nic.in