GST- Bail conditions relaxed by Madras High Court due to COVID-19 Lockdown


GST- Bail conditions relaxed by Madras High Court due to COVID-19 Lockdown

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Relevant Text of the Order is as follows:

8. In this case, the petitioners have been arrested on 21.12.2019 and since the final report was not filed by the respondent they have been granted bail on 19.02.2020. Despite the bail order being passed on 19.02.2020, the petitioners are unable to come out since they are unable to comply with the condition of payment of cash. Though before the Principal Sessions Judge, they have offered to deposit cash of Rs.5lakh, it is the contention of the petitioners that due to Covid-19 pandemic, the family members are unable to raise funds and deposit the amount, further in lieu of non-payment of cash, a submission has been made by the counsel for the petitioners that two sureties will be able to deposit documents of immovable properties each worth Rs.20lakhs for each of the petitioners within a time frame fixed by this Court.

9. In view of the above, taking into consideration the facts and circumstances of the case and the submissions made by the learned counsel for the petitioner, the condition imposed by the Additional Chief Metropolitan Magistrate, EO-I, Egmore, Chennai in Crl.MP.Nos.4576 and 4575 of 2020 dated 19.02.2020 directing each of the petitioners to deposit cash of Rs. 5lakh is hereby set aside.

(a) Accordingly, the petitioners are ordered to be released on bail on executing their own bond for a sum of Rs.50,000/- (Rupees fifty thousand only) each, before the Superintendent of the concerned prison, in which the petitioner has been confined and thereafter on their release;

(b) each of the petitioners shall furnish two sureties who shall deposit title deeds of immovable properties each to the value of Rs.20lakhs before the Additional Chief Metropolitan Magistrate (EO-I), Egmore, Chennai within four weeks from the lifting of the lockdown or the commencement of the Court’s normal functioning, failing which the bail granted by this Court shall stand dismissed automatically;

(c) the sureties shall affix their photographs and Left Thumb Impression in the surety bond. The learned Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;

(d) the petitioner shall report before the respondent police daily at 10.30 a.m., until further orders.

10. With the above directions, these Criminal Original Petitions are ordered.

Read Order

Tags: JudgementHigh Court

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