This petition has been filed under Section 482 of Cr.P.C, seeking to modify the conditional order passed in Crl.M.P.No.11 of 2022 dated 07.02.2022 by the learned Additional Chief Metropolitan Magistrate (E.O.I Court), Egmore, Chennai that the petitioner shall execute a bond of ₹ 50,00,000/- by depositing documents of property worth ₹ 50,00,000/- with two sureties for a sum of ₹ 5,00,000/- each and out of the sureties, one of the surety to be a Government Employee and another blood surety.

2. The learned counsel for the petitioner submits that the petitioner was arrested by the respondent in connection with R.R.No.42 of 2021 dated 07.12.2021, pending on the file of the respondent/complainant for the offences under Sections 132(1)(b), 132(1)(c), 132(1)(I) (i) of the GST Act, 2017. It is submitted that the petitioner was remanded to judicial custody on the same day.

3. Since the respondent has not filed the final report during the statutory period of 60 days, the petitioner was granted bail under Section 167

4. The Trial Court, while granting bail, had imposed a condition directing the petitioner to deposit a cash security of ₹ 5,00,000/- and also to execute a bond for ₹ 50,00,000/- by depositing documents of property worth ₹ 50,00,000/-, with two sureties for a like sum of ₹ 5,00,000/- each and out of the sureties, one of the surety to be a Government Employee and another blood surety.

5. The learned counsel for the petitioner further submits that the petitioner is in custody for the past two months and therefore, he is unable to raise funds, as directed by this Court while imposing a condition on the petitioner to deposit a cash security of ₹ 5,00,000/- and to furnish government surety, as the said condition has indirectly defeated the defeasible right of the petitioner and prevented him from coming out on bail.

6. Since the allegation against the petitioner is of great magnitude, the petitioner is unable to secure a government employee as his surety and thereby, the present petition has been filed seeking to modify the condition.

7. Per contra, the learned Additional Public Prosecutor appearing on behalf of the respondents submits that it is a case where the petitioner has cheated the Department to the tune of ₹ 11.72 Crore by producing fake invoices and vehemently opposes the modification petition. He further submits that the investigation is still going on.

8. At this juncture, the learned counsel for the petitioner would submit that the petitioner is unable to secure any government surety and in the alternative, the petitioner is prepared to deposit a cash security of ₹ 10,00,000/- and also ready to execute a bond for a sum of ₹ 50,00,000/- and to deposit documents of property worth ₹ 50,00,000/- either belonging to the petitioner’s family members or friends and to deposit two blood sureties for ₹ 5,00,000/- each, instead of government sureties. He would also submit that the petitioner is prepared to abide by the other conditions imposed.

9. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor.

10. Taking into consideration that fact that the petitioner is in custody from 07.12.2021 and he is prepared to deposit a sum of ₹ 10,00,000/- in cash and execute a bond for a sum of ₹ 50,00,000/- by depositing documents for property worth ₹ 50,00,000/-, the condition imposed by this court by order dated 07.02.2022 is set aside.

11. In view of the above, this petition stands allowed with the following conditions:

i. The condition imposed in paragraph 5 of the order in Crl.M.P.No.11 of 2022 dated 07.02.2022 on the file of the learned Additional Chief Metropolitan Magistrate (E.O.I Court), Egmore, Chennai is modified to the effect that the petitioner/accused shall deposit a cash security of ₹ 10,00,000/- and execute a bond for a sum of ₹ 50,00,000/- by depositing documents of property worth ₹ 50,00,000/- belonging to himself or his family members or his friends. The petitioner shall furnish two sureties for a sum of ₹ 5,00,000/- each and the sureties shall be one blood surety and another relative surety;

ii. The petitioner/accused is directed to appear before the respondent daily at 10.00 a.m until further orders; and

iii. The petitioner/accused and the sureties shall affix their photograph and left thumb impression in the surety bond and also produce a copy of their Aadhar card or Bank Passbook to ensure their identity.