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Mahesh Prasad vs The State on 21 January, 2020

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.01.2020

CORAM

THE HONOURABLE MR. JUSTICE N.SESHASAYEE

Crl.O.P.No.33837 of 2019

Mahesh Prasad … Petitioner
Vs.

The State
Rep. by Inspector of Police,
N1- Police Station, Royapuram,
Chennai. … Respondent

PRAYER: Criminal Original petitions have been filed under Section 439(1)(b) of
the Criminal Procedure Code to modify the condition imposed in
Crl.M.P.No.25382 of 2019 order dated 29.11.2019 on the file of Hon’ble Principal
Sessions Judge, Chennai.

For Petitioner : Mr.T.Arul

For Respondent : Mrs.S.Thankira
Government Advocate (Crl. Side)

ORDER

This Criminal Original petition has been filed seeking modification of

the bail condition imposed on 29.11.2019 in Crl.M.P.No.25382 of 2019 by the

learned Principal Sessions Judge, Chennai.

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2.The petitioner has been directed by the Sessions Court while

granting bail in Crl.M.P.No.25382 of 2019 to deposit original title deed worth

about Rs.6,00,000/- or Bank Guarantee for Rs.6,00,000/- into the said Court.

3.The learned counsel for the petitioner submitted that the petitioner

is accused of committing an offence under section 406 IPC, that he is the owner

of AIR Cargo Enterprises, that the complainant has left some consignment for

transfer, that the consignment was transferred from Mumbai to Chennai by train.

While so, there was a robbery in the train, which is being investigated by the RPF

Mumbai. He further submitted that while entrustment of good is admitted, the

petitioner has not misappropriated the said consignment and that he is a victim

of robbery in the train. He added that while granting bail to the petitioner, the

learned Sessions Judge has directed him to deposit title deed worth

Rs.6,00,000/- or Bank Guarantee for the said sum. This condition, in the

circumstances in which the case is positioned, is a onerous condition.

4.Heard, the learned Government Advocate (Crl.Side) appearing for

the respondent.

5.This Court is satisfied that since the consignment is lost in a train

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robbery, that consideration ought to weigh with this Court. Accordingly, this Court

modifies the condition imposed by the trial Court and drops the condition in

paragraph No.6(a) of the order passed by the learned Sessions Judge in

Crl.M.P.No.25382 of 2019.

6.The Criminal Original Petition is modified accordingly.

21.01.2020

Index :Yes/No
tsg/mpa

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N.SESHASAYEE ,J.

tsg/mpa

To

1.The Inspector of Police,
N1- Police Station, Royapuram,
Chennai.

2.The Principal Sessions Court,
Chennai.

3.The Public Prosecutor,
Madras High Court.

Crl.O.P.No.33837 of 2019

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21.01.2020

http://www.judis.nic.in

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