(1.) THE above Criminal Original Petition has been filed by the petitioner praying to modify the condition imposed in Crl. M. P. No. 9959 of 2004 by order dated 24. 11. 2004 in C. C. No. 1037 of 2004 by the Court of Judicial Magistrate, Tambaram.
(2.) THE case of the petitioner is that the respondent had filed a private complaint against the petitioner for an alleged offence under Section 138 and 142 of Negotiable Instruments Act, 1881 and the same was taken on file in C. C. No. 1037 of 2004 by the Court of Judicial Magistrate Tambaram and the same is pending for trial; that since the summons issued on the petitioner was returned, the learned Magistratae has issued a Bailable Warrant against the petitioner; that on execution of the Bailable Warrant, the petitioner was arrested from Gujarat and taken to the trial Court and the learned Judicial Magistrate has passed an order to remand the petitioner to judicial custody; that he filed a bail application before the trial Court and the same was granted on condition to furnish a security for Rs. 54 lakhs with two sureties each for a like sum with immovable properties, further directing the petitioner to deposit the passport in the trial Court till the disposal of the case. On such averments, he would pray for the relief extracted supra.
(3.) HEARD the learned counsel appearing for the petitioner and the learned counsel appearing for the respondent as well and the materials placed on record have also been perused.