Partly allowed

T.Ponsingam v. the State Rep by Its

Madras HC8 Dec 2021CRL MP/12500/2021

Case brief

AI extract

What is this about?

The High Court of Madras permitted the petitioner to substitute the sale deeds lodged as surety for anticipatory bail with a different settlement deed of higher value, directing the release of the original documents except the specific disputed deed.

What did the court decide?

The petition for modification of bail conditions is allowed. Directing release of deposited documents except the settlement deed of value Rs.27,00,000 for the petitioner's wife.

T.Ponsingam Vs the State Rep by Its — Civil Procedure and Limitation | Madras HC (2021)

¶1

IN THE HIGH COURT OF JUDICATURE AT MADRAS

¶2

( Criminal Jurisdiction )

¶3

Wednesday, the Eighth day of December Two Thousand Twenty One

¶4

PRESENT

¶5

The Hon`ble Mr Justice M.DHANDAPANI

¶6

CRIMINAL MISCELLANEOUS PETITION No.12500 of 2021

¶7

IN CRL OP.21386 of 2018

¶8

T.PONSINGAM [ PETITIONER / ACCUSED ]

¶9

¶10

THE STATE REP BY ITS THE INSPECTOR OF POLICE, CENTRAL CRIME BRANCH, TEAM-27, CHENNAI. CRIME NO.222 OF 2018

¶11

[ RESPONDENT / COMPLAINANT ]

¶12

Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to modify the condition imposed in para 7(a) by permitting the petitioner to substitute/replace the above said Sale Deeds, furnished by the petitioner as surety in the above Crl.O.P.N.21386 of 2018, as per order dated 01/10/2018 with Sale Deed dated 09/03/2021 registered as Document no.1250 of 2021 before the Sub-Registrar, Pavoorchatram/Tenkasi District for the value of Rs.27,00,000/- which stands in the name of petitioners wife Mrs.Latha and accept the same as surety and return back the original sale deeds already furnished as surety and thus render justice.

¶13

Order : This petition coming on for orders upon perusing the petition and the filed in support thereof and upon hearing the arguments of M/S. KANIMOZHI MATHI, Advocate for the Petitioner and of MR.S.BALAJI, Govt. Advocate (Crl. Side) on behalf of the Respondent the court made the following order:-

¶14

This petition is filed to modify the condition imposed in para 7 (a) by permitting the petitioner to substitute/replace the above said sale deeds, furnished by the petitioner as surety in the above Crl.OP.No.21386 of 2018, as per the order dated 01.10.2018 with the sale deed dated 09.03.2021 registered as Document No.1250 of 2021

¶15

https://hcservices.ecourts.gov.in/hcservices/

¶16

before the Sub-Registrar, Pavorchatram/Tenkasi District for the value of Rs.25,00,000/- which stand in the name of the petitioner's wife Mrs.Latha and accept the same as surety and return back the original deeds already furnished as surety.

¶17

The learned counsel for the petitioner submitted that while granting anticipatory bail to the petitioner, this court imposed a condition that the petitioner shall deposit the sale deed(s) in respect of the property worth about Rs.25,00,000/- before the learned Judicial Magistrate, CCB-CBCID, Egmore, Allikulam in Crime No.222 of 2018. In compliance of the order, the petitioner deposits 7 no. of sale deeds to the concerned Court. Then only the petitioner came to know that the settlement deed dated 02.12.2021 registered as Document No.6471 of 2021 before the Sub-Registrar, Pavorchatram/Tenkasi District for the value of Rs.27,00,000/-. Therefore, the learned counsel seeks to release the other documents and retain the above said document.

¶18

In view of above submission made by the learned counsel for the petitioner and on a perusal of the document, this court is inclined to direct the learned Judicial Magistrate, CCB-CBCID, Egmore, Allikulam to release all the documents except the settlement deed executed by P. Latha to in favour of the petitioner vide document No.6471 of 2021 before the SRO, Pavoorchathiram.

¶19

with the above direction, the petition for modification is ordered.

¶20

-sd/-

¶21

08/12/2021

¶22

This order, on being produced, be punctually observed and carried into execution by all concerned

¶23

TRUE COPY

¶24

Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.

¶25

¶26

1 THE JUDICIAL MAGISTRATE, CCB-CBCID, EGMORE, ALLIKULAM, CHENNAI.

¶27

2 THE CHIEF JUDICIAL MAGISTRATE EGMORE, CHENNAI [FOR INFORMATION].

¶28

https://hcservices.ecourts.gov.in/hcservices/

¶29

3 THE INSPECTOR OF POLICE, CENTRAL CRIME BRANCH, TEAM-27, CHENNAI.

¶30

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

¶31

5 THE SUB REGISTRAR, PAVORCHATRAM/TANKASI DISTRICT.

¶32

+1 C.C. to M/S. KANIMOZHI MATHI Advocate on payment of necessary charges SR.NO.14910

¶33

Order in CRL MP.12500/2021 in CRL OP.21386/2018 Date :08/12/2021

¶34

From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format

¶35

JPA 17/12/2021

¶36

https://hcservices.ecourts.gov.in/hcservices/

T.Ponsingam v. the State Rep by Its

Case brief

What is this about?

What did the court decide?

T.Ponsingam v. the State Rep by Its

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

B.Balambal Vs The Secretary to Government of

S.Prabavathi Vs The Secretary

Kumaresan Vs State Rep by

S.Dilli Babu Vs the District collector

P.Senthil Murugan, Vs The Director

Dr.C.PRavda, Vs The Chairman cum Managing Director