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This petition has been filed to modify the condition imposed by this court in para No.33(1) in Crl.M.P.No.18955/2023 in Criminal Appeal No.1430/2023 by an order dated 19.07.2024.

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2. The case of the prosecution is that the 4th accused started 17 companies and devised four deposit schemes and in all the schemes the four accused had collected huge amounts from the general public by promising to give higher rate of interest. Thereafter they had committed default and failed to re-pay amount of the interest as promised by them. On the complaint the respondent registered a FIR and filed a final report after completing the investigation as against 34 accused persons. As per the final report there are totally 587 depositors. The accused 4 to 7 started a number of shell companies i.e A2,A3,A8 and A31 which were promoted by A2 to A4, A18 and A31 are bogus companies and the schemes for deposits were started only to cheat the general public , thereby they dishonestly misappropriated the public funds by portraying them as genuine. The fourth accused has appointed A9 to A14, A32 to A34 as Directors of his Shell companies and diverted public money to his own benefit and to the benefit of his family members who are also arrayed as accused A15 to A17. Accused A4 and A7 had showed their credentials educational background and past experience to induce the general public to invest in schemes of the first accused company namely is M/s Viswapriya ( India) Ltd, A9 to A14 and A32 to A34 acted as authorised agents for A4. They collected huge money by promising that they will repay huge interest. The Shell companies were also used as layers to siphon off funds as loans and bogus transfers with a view to dishonestly misappropriate, fraudulently remove and conceal properties in various entities by purchasing immovable properties, shares and other assets for the benefit of __________ Page2 of 9 https://www.mhc.tn.gov.in/judis A4 and his family members i.e A15 to A17. Thereby all the accused had committed offence of criminal conspiracy of forgery for the purpose of cheating, dishonest misappropriation, fraudulent removal and concealment of property. They had collected money from 587 depositors under 3804 deposits which comes to the tune of Rs.47,68,92,011/- and they committed default by non payment of the matured amount of Rs.51,47,29,861/-. Therefore, they are charged and convicted for the offence u/s 120B r/w 420 of IPC, 406, 409 r/w 109, 468 and 471 of I.P.C and Section 5 of the Tamil Nadu Protection of Interest of Depositors. After full fledged Trial, the Trial Court convicted the accused. Aggrieved by the same, the petitioners have filed this petition. Insofar as the petitioner is concerned he is in incarceration from the date of Judgment till 20.11.2023. Aggrieved by the conviction and sentence imposed by the Trial Court the petitioner preferred an appeal in Crl.A.No.1430 of 2023. While pending appeal, the petitioner filed a petition in SOS in Crl.M.P.No.16430 of 2025 and this Court suspended the sentence on condition that the petitioner shall deposit a sum of Rs.2 crores to the credit of CC.6 of 2020 on the file of the Trial Court. On such deposit being made the petitioner the petitioner shall be released on bail by executing a bond for a sum of Rs.2,00,000/-. Further he was directed to appear before the Trial court on the first working day of every month at 10:30 a.m until further orders. However, the petitioner was not able to comply with the condition, since he was languishing in prison from the date of the Judgment and he was not able to mobilise such a huge amount. Hence this petition.