TMI Blog2021 (6) TMI 768X X X X Extracts X X X X X X X X Extracts X X X X ..... odify the conditions and however, granted six week times to comply the conditions imposed by the learned Principal District and Sessions Judge, Coimbatore. However, without complying the conditions, the petitioner has taken the next available opportunity of filing a petition under Section 167 (2) of Cr.P.C., seeking mandatory bail, as the charge sheet was not filed within the statutory period of 90 days. The learned Chief Judicial Magistrate, on consideration of facts, held that once a person already granted bail, he cannot file a petition under Section 167 (2) of Cr.P.C. and therefore, the learned Chief Judicial Magistrate, dismissed the petition. Admittedly, in the case on hand, the petitioner was remanded to judicial custody from 29.1 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s, M/s.A.R.Enterprises and several other units, and has issued invoices for a value of around ₹ 50 Crores, involving GST of 9.70 Crors through five fake companies. The petitioner alleged to have availed input tax credit based on fake invoices and has committed offences under Sections 132 (1)(b) and 132(1)(c) of Central Goods and Services Act, 2017, (In short CGST Act ) punishable under Section 132 (1)(i) of CGST Act, 2017. The petitioner is in judicial custody from 29.10.2020 for alleged offences under Sections 132(1)(b) 132(1)(c) of the CGST Act, 2017, which is punishable under Section 132 (1) (i) of the CGST Act, 2017. 4. Thereafter, the petitioner moved bail application, before the learned Chief Judicial Magistrate, Coimbator ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... il to the petitioner under Section 167 (2) of Cr.P.C. It is to be noted that admittedly, the learned Principal District and Sessions Judge, Coimbatore, granted bail to the petitioner on 14.12.2020 itself with certain conditions. Since the petitioner could not comply with the conditions imposed by the learned Principal District and Sessions Judge, filed a modification petition before this Court and this Court, by an order dated 22.02.2021, refused to modify the conditions and however, granted six week times to comply the conditions imposed by the learned Principal District and Sessions Judge, Coimbatore. However, without complying the conditions, the petitioner has taken the next available opportunity of filing a petition under Section 167 ( ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... curity or bank guarantee for a sum of ₹ 1.00 Crore (Rupees One Crore only); or (ii) The petitioner shall produce security by way of title deed or title deeds standing in the name of the petitioner or his relatives and having market value not less than ₹ 1.0 Crore. (iii) The petitioner shall execute a bond for a sum of ₹ 1,00,000/- with two sureties for a like sum to the satisfaction of the learned Chief Judicial Magistrate, Coimbatore. (iv) The petitioner is directed to sign before the respondent-Police daily at 10.00 a.m., until further orders. (v) The petitioner or his men shall not tamper the evidence. (vi) The petitioner should not abscond and he should co-operate with the investigating agency as and whe ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
