The High Court dismissed a petition seeking to modify a bail condition requiring the deposit of Rs.3 crores as security finding the impugned order justifiable.
The criminal original petition is dismissed and the connected miscellaneous petition is closed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 23.12.2021
CORAM
THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI
CRL.O.P.NO.21771 OF 2021 AND CRL.M.P.NO.13897 OF 2021
1.S.K.Mohammed Farook
2.M.Shakila Banu
3.M.Sheik Mohammed ... Petitioners
Vs.
State through, The Inspector of Police, CCB, Coimbatore. Cr.No.44 of 2021.
... Respondent
Prayer:
Criminal Original Petition has been filed under Section 439 (1)(b) of the Code of Criminal Procedure, to modify the order dated 08.11.2021 in Crl.MP.No.4399 of 2021 on the file of Principal District and Sessions Judge, Coimbatore by the condition requiring the deposit of Rs.3 crores in favour of the complainant bank.
For Petitioner : Mr.B.Kumar Senior Counsel for Mr.J.Senthilkumar For Respondent : Mr.A.Gokulakrishnan Additional Public Prosecutor For Intervenor : Mr.John Sathyan O R D E R
This Criminal Original Petition has been filed to modify the condition imposed by the learned Principal District and Sessions Judge, Coimbatore, in Crl.M.P.No.4399 of 2021 dated 08.11.2021.
stocked. Further, the accused persons did not repay any amount towards the borrowed amount. They purposely failed to submit the books of accounts with an intention to cheat the defacto complainant. They obtained loan by way of submitting false Auditor's report. In this case, investigation is not yet completed. Total amount payable by the accused persons with interest, is Rs.10,92,43,783/-.
5 .Considering the above facts, the lower Court while granting anticipatory bail, by imposed the 4th condition in the order to furnish security for a sum of Rs.3.0 crores jointly before the learned Judicial Magistrate No.XII, Coimbatore.
justifiable one. Hence this Court finds no irregularity in the impugned order or merit in this petition.
dismissed. Consequently, connected Miscellaneous Petitions is closed.
Sd/-
Assistant Registrar(CS VII)
//True Copy//
Sub Assistant Registrar
drl/rri
To
Crl.O.P.No.21771 of 2021
and Crl.M.P.No.13897 of 2021
KSM(CO) PM/12/01/2022
2 issues framed by the court
Whether the trial court erred in imposing a condition to furnish security of Rs.3 crores as a requirement for bail.
Whether the security amount imposed was too onerous for the petitioners.
1 provisions across 1 enactments
S.K.Mohammed Farook
M.Shakila Banu
M.Sheik Mohammed
State through Inspector of Police CCB Coimbatore
T.V.Thamilselvi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
