Hariharan @ Hari v. The State Rep By, The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.03.2025

CORAM

THE HONOURABLE MR.JUSTICE SUNDER MOHAN Hariharan @ Hari

...Petitioner/Accused (A2)

Vs.

The State Rep. by The Inspector of Police, Schoolagiri Police Station, Krishnagiri District.

(Crime No.576 of 2024)

...Respondent/Complainant

PRAYER: This criminal miscellaneous petition has been filed under Section 528 of BNSS Act, to modify the condition in para no.(a) "The petitioner is directed to deposit a sum of Rs.1,00,000/- (Rupees One Lakh only) as non refundable to the credit of Head Master, Sethupathi Government Higher Secondary School, Tiruchuli, Account No. 30700985498, State Bank of India, Tiruchuli, IFSC Code SBIN0003832, within a period of two weeks from the date of receipt of a copy of this order Page No.1 of 5

and shall produce the said receipt before the concerned court" in Crl.O.P.No.32431 of 2024 in an order dated 27.12.2024 on the file of this Court in Crime No.576 of 2024 on the file of the respondent police. For Petitioner(s):

Mr.D.Balaji For Respondent(s):

Mr.S.Santhosh Government Advocate (Crl.Side)

ORDER

The petitioner seeks modification on the condition in para 6(a) imposed on the petitioner in Crl.O.P.No.32431 of 2024 dated 27.12.2024 which reads as follows:

"The petitioner is directed to deposit a sum of Rs.1,00,000/- (Rupees One Lakh only) as non refundable to the credit of Head Master, Sethupathi Government Higher Secondary School, Tiruchuli, Account No.30700985498, State Bank of India, Tiruchuli, IFSC Code SBIN0003832, within a period of two weeks from the date of receipt of a copy of this order and shall produce the said receipt before the concerned Court" imposed by this Court in Crl.O.P.No.32431 of 2024 dated 27.12.2024."

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2. The learned counsel for the petitioner would submit that the petitioner has no bad antecedents and he sought to be implicated only on the confession of the co-accused; and that the contraband worth about Rs.4,00,000/- (Rupees Four lakhs only) has already been seized by the respondent.

3. The learned Government Advocate (Crl.Side) for the respondent police submitted that the petitioner has not executed sureties so far in lieu of the condition; and that the petitioner has also not been arrested so far by the respondent.

4. Considering the aforesaid facts, this Court is inclined to modify the condition no.6(a) imposed on the petitioner in Crl.O.P.No.32431 of 2024 dated 27.12.2024 and direct the petitioner to deposit Rs.10,000/- (Rupees Ten Thousand Only) instead of Rs.1,00,000/- (Rupees One Lakh Only) as ordered by this Court.

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5. Accordingly, the petitioner shall deposit Rs.10,000/- (Rupees Ten Thousand only) and the criminal miscellaneous petition is ordered. 10.03.2025 (1/2) dk To 1.The Inspector of Police, Schoolagiri, Police Station, Krishnagiri District.

2. The Public Prosecutor High Court of Madras, Chennai.

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SUNDER MOHAN, J.

dk 10.03.2025 Page No.5 of 5