Case Law Details
A. Mohideen Vs The Senior Intelligence Officer (Madras High Court)
In the present case, the petitioners have been arrested for the offense under Section 132(1)(b) and (c) and 132(5) of the CGST Act 2017 and since the final report was not filed by the respondent they have been granted bail. Despite the bail order being passed, the petitioners are unable to come out since they are unable to comply with the condition of payment of cash due to COVID-19 pandemic. 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.20 lakhs for each of the petitioners within a time frame fixed by this Court.Hence they are requesting High Court to modify the bail conditions.
High Court therefore taking into consideration the facts and circumstances of the case, set aside statutory bail order imposing 5 Lakhs against the person alleged for availing fake Input Tax Credit (ITC) and the petitioners are ordered to be released on bail on executing their own bond for a sum of Rs.50,000/- each, before the Superintendent of the concerned prison, in which the petitioner has been confined and thereafter on their release. Also, each of the petitioners shall furnish two sureties who shall deposit title deeds of immovable properties each to the value of Rs.20 lakhs before the Additional Chief Metropolitan Magistrate.
FULL TEXT OF THE HIGH COURT ORDER /JUDGEMENT
These petitions have been filed seeking to modify the conditions imposed in the statutory bail orders dated 19.02.2020 passed in Crl.M.P Nos.37 and 36 of 2020 in R.R.42 and 41 of 2019 respectively by the Additional Chief Metropolitan Magistrate, EO-I, Egmore and which have been later partially modified by the Principal Sessions Judge, Chennai by an order dated 28.02.2020 made in Crl.M.P Nos.4576 and 4575 of 2020.
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