2025 (5) TMI 2161 - HC - GST

Seeking grant of bail - evasion of GST - Modification of condition that the petitioner is directed to make a deposit of Rs. 50, 00, 000/- - contention of petitioner is that since the petitioner is in custody he is unable to mobilize the amount required to comply with the condition imposed by this Court to deposit Rs. 50, 00, 000/- before the trial Court as a precondition for his release - HELD THAT - The condition in paragraph No.8 imposed on the petitioner in Crl. O.P. No. 14718 of 2025 dated 08.05.2025 is modified to the effect that the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs. 10, 000/- with two sureties each for a like sum to the satisfaction of the learned Additional Chief Metropolitan Magistrate (E.O.II) Court Egmore Chennai and the petitioner is directed to deposit a sum of Rs. 2, 50, 00, 000/- to the credit of R.R. No. 15 of 2025 before the learned Additional Chief Metropolitan Magistrate (E.O.II) Court Egmore Chennai within a period of 10 days from the date of his release failing which the bail shall stand dismissed. The other conditions imposed in Crl. O.P. No. 14718 of 2025 dated 08.05.2025 remains unaltered. Post the matter on 03.06.2025 for reporting compliance.

Summary

The Madras High Court, through Justice M. Nirmal Kumar, modified the bail condition in Crl. O.P. No. 14718 of 2025 dated 08.05.2025 concerning the petitioner's deposit obligations. Originally, the petitioner was directed to deposit Rs. 50,00,000 before the Additional Chief Metropolitan Magistrate and Rs. 2,00,00,000 within 10 days of release. The petitioner, currently in custody, sought modification to deposit the entire Rs. 2.5 crores within 10 days post-release.The Special Public Prosecutor highlighted the petitioner's GST evasion amounting to Rs. 13.73 crores and maintained the Rs. 2.5 crore deposit as fixed liability under GST.The Court modified the condition to allow release on bail upon executing a bond of Rs. 10,000 with two sureties of like amount, and directed the petitioner to deposit Rs. 2.5 crores within 10 days from release, failing which bail would be dismissed. All other conditions remain unchanged. Compliance is to be reported on 03.06.2025.