C.Ramkumar v. The State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.02.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN C.Ramkumar ... Petitioner Vs.

1. The State Rep. by The Inspector of Police, Uthukuli Police Station, Tiruppur District.

2. Vijayakumar

3. S.Mohanraj ... Respondents Prayer: Criminal Original petition filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to set aside the order dated 25.03.2024 passed in Crl.M.P.No.659 of 2024 on the file of the Principal District and Sessions Court, Tiruppur, by allowing the present petition. For Petitioner : Mr.M.Karthik For Respondents For R1 : Mr.K.M.D.Muhilan Government Advocate (Crl. Side) For R2 & R3 : Mr. Milton Pon Davidson

ORDER

This petition has been filed challenging order dated 25.03.2024 passed by the learned Principal District and Sessions Judge, Tiruppur, in Crl.M.P.No.659 of 2024, thereby modifying the condition imposed on the respondents 2 & 3.

2.

Heard the learned counsel appearing on either side and perused the materials placed before this Court. 3.

It is seen that the petitioner is the complainant in Crime No.41 of 2024 on the file of the first respondent and the same was registered as against the respondents 2 & 3 for the offences punishable under Sections 406 & 506(i) of IPC. In pursuant to registration of FIR, the respondents 2 & 3 filed an anticipatory bail petition before the Principal Sessions Judge, Tiruppur in Crl.M.P.No.528 of 2024 and they were granted anticipatory bail on condition that the respondents 2 & 3 shall return all the original documents collected by them. Thereafter, the respondents 2 & 3 filed petition to modify the said condition in Crl.M.P.No.659 of 2024 and the same was allowed by an order dated 25.03.2024 on the ground that, the respondents 2 & 3 were in custody of

only the original BCA and MCA certificates of the defacto complainant. This Court finds no infirmity or illegality in the order passed by the Court below thereby directing the respondents 2 & 3 to handover the said two original documents. However, if any of the original documents are available with the respondents 2 & 3, they are directed to return the same forthwith to the petitioner.

4.

Accordingly, the Criminal Original Petition stands dismissed.

07.02.2025 Index : Yes/No : Yes/No Speaking/non-speaking order rts To

1. Principal District and Sessions Judge, Tiruppur,

2. The Inspector of Police, Uthukuli Police Station, Tiruppur District.

3. The Public Prosecutor, Madras High Court, Chennai.

G.K.ILANTHIRAIYAN, J.

rts 07.02.2025