Liang Rong Sheng v. State Rep By Its. Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.03.2025 CORAM :

THE HONOURABLE MR. JUSTICE SUNDER MOHAN Crl. O.P No. 6880 of 2025

1. Liang Rong Sheng, 22 years S/o. Liang Poh Suan No.82, Taman Sentosa, Jalan Simpang Kuala 05400, Alor Setar, Kedah Malaysia, Malaysia

2. Chang Meng Hong, 29 years S/o. Chang Jim Sim, No.144,, Jalan Kilang Tebu, Taman Samudera, 05050, Alor Setar, Kedah Malaysia, Malaysia ..Petitioners Vs.

State Rep by its The Inspector Of Police CBCID, Cyber Crime Cell, Chennai.

(Crime No.02 of 2024)

...Respondent

PRAYER: Criminal Original Petition filed under Section 528 of B.N.S.S. to Modify the 1st Condition imposed upon the Petitioners in Crl.M.P.No.23820 of 2024 dated 04.12.2024 that out of two sureties one surety must be a Government servant instead of that the Petitioners may be permitted to execute a non Government Servant surety and thus render Justice.

For Petitioners : Mr.K.G. Senthil Kumar For Respondent : Mr. S. Santhosh, Government Advocate (Crl. side)

ORDER

The petitioners, who have been released on Statutory bail, are aggrieved by the following condition, imposed by the XI Metropolitan Magistrate, Saidapet, Chennai, in Crl.M.P. No.23820 of 2024 dated 04.12.2024.

"(a) The petitioners/accused are directed to execute a personal bond for a sum of Rs.25,000/- along with two sureties each for a like sum, out of which one surety must be a Government Servant."

This petition has been filed seeking to modify the said condition imposed upon the petitioners.

2. The learned counsel for the petitioners submitted that the petitioners are Malaysian Nationals and that they cannot produce any surety who is a Government Servant and hence submitted that the said condition may be modified.

3. The learned Government Advocate, on instructions, submitted that the Government of Tamil Nadu has now passed an order under Section 3(2)(e) of the Foreigner Act, 1946, to detain both the petitioners in a

Special Camp identified and located by the District Collector, Tiruchirappalli District, till the disposal of the case.

4. This Court is of the view that the petitioners' presence for the trial is now ensured by the orders passed by the Government of Tamil Nadu in G.O.(1D) No.476, Public (Foreigners-III) Department, dated 06.11.2024. Hence this Court is of the view that the abovesaid condition imposed by the XI Metropolitan Magistrate, Saidapet, Chennai, in Crl.M.P. No.23820 of 2024, dated 04.12.2024, can be modified as follows: "The Petitioners/accused are directed to execute a personal bond for a sum of Rs.25,000/- along with two sureties each for a like sum."

5. Accordingly, this Criminal Original Petition is ordered. 11.03.2025 bga To

1. The Inspector Of Police CBCID, Cyber Crime Cell, Chennai.

(Crime No.02 of 2024)

2. The XI Metropolitan Magistrate, Saidapet, Chennai

SUNDER MOHAN, J.

bga Crl. O.P No. 6880 of 2025 11.03.2025