Sudhakar v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.01.2025

CORAM:

THE HONOURABLE MR. JUSTICE C.V. KARTHIKEYAN in Crl.OP.No.24408 of 2023

1. Sudhakar

2. Shanmugavadivu ... Petitioners Vs State rep.by its The Inspector of Police Steel Plant Police Station Salem District.

(Crime No.351 of 2023) .... Respondent Prayer: Criminal Miscellaneous petition filed under Section 528 of BNSS to modify the condition that "4. anticipatory bail is granted to the petitioners subject to the condition that the petitioners hand over the keys to the learned Judicial Magistrate No.1, Salem who may retain it along with the records in Crime No.351 of 2023 registered by the Inspector of Police, Steel Plant Police Station, Salem District" imposed in Crl.OP.No.24408 of 2023 dated 11.12.2023.

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For Petitioners : Mr.C.Deepak Kumar For Respondents : Mr.R.Vinothraj Govt. Advocate (Crl.side)

O R D E R

This petition has been filed seeking to modify the condition imposed against the petitioners to hand over the keys of the property which is the subject matter of the complaint measuring about 2.75 acres at KRN Nagar, Maramangalathupatty, Salem through the learned Judicial Magistrate No.1, Salem. It had been stated that whenever the maintenance of land is required like watering of plants or for cleaning purpose the keys may be handed over to the petitioners in the presence of an Advocate Commissioner and after that work is completed the key must be handed over back to the learned Judicial Magistrate No.1, Salem.

2. It is now represented that the movable properties of the petitioners are within the said property. Request had been placed that permission must be granted to hand over the keys to remove the movable articles. Permission is granted to the petitioners to file an application before the learned Judicial Magistrate No.1, Salem giving the lists of 2/4

movable articles which they want to remove and the learned Judicial Magistrate No.1, Salem may also issue notice to the intervener and in the presence of an Advocate Commissioner and also in the presence of the intervener the movable properties of the petitioners may alone be removed and the list of the properties which had been removed may be furnished to the learned Judicial Magistrate No.I, Salem to keep in the records. If any of the properties are required for trial purpose or for investigation, a letter may be given by the petitioners that they would produce the same whenever required. No further orders are required.

3. Accordingly, the criminal miscellaneous petition is disposed of. 23.01.2025 dpq Index: Yes/No Speaking order / Non speaking order To

1. The learned Judicial Magistrate No.1, Salem.

2. The Inspector of Police Steel Plant Police Station Salem District.

3. The Public Prosecutor 3/4

Madras High Court.

C.V. KARTHIKEYAN, J.

dpq in Crl.OP.No.24408 of 2023 23.01.2025 4/4