Prasanna Venkatesh Balaji v. State By, The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.04.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.13420 of 2025 Prasanna Venkatesh Balaji ....

Petitioner Vs 1.The State Rep by The Inspector of Police S-15, Selaiyur Police Station, Selaiyur, Chennai 2.State by, The Inspector of Police, EDF and Forgery Wing, Central Crime Branch, Tambaram Police Commissionerate, Chennai - 119.

....

Respondents PRAYER: Criminal Original Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023,to modify the condition viz., the Petitioner shall furnish two sureties and to execute the bond for sum of Rs.30,00,000/- each imposed on the petitioner in Crl.M.P.No.757 of 2023 in Crl.M.P.No.556 of 2023 in Crime No.224 of 2022 For Petitioner : Mr.A.Nagarajan For R1 : Mr.A.Gopinath Government Advocate (Crl.Side)

O R D E R

This Criminal Original Petition has been filed challenging the order dated 13.07.2023 passed in Crl.M.P.No.757 of 2023 in Crl.M.P.No.556 of 2023 in Crime No.224 of 2022 by the Judicial Magistrate-I, Tambaram and seeking modification.

2. Heard the learned counsel appearing on either side and perused the materials available on record.

3. The petitioner was permitted to take the seized property Black colour Benz Car bearing Registration No.KA 03 NM 1086 as interim custody in Crl.M.P.No.556 of 2023 on 09.05.2023 subject to the condition that (i) the petitioner shall execute a bond for Rs.40,00,000/- and (ii) he shall furnish two sureties and to execute the bond for a sum of Rs.40,00,000/- each. Thereafter, the petitioner filed an application in Crl.M.P.No.757 of 2023 seeking to modify the conditions. However, the said application was allowed and the condition was modified as the petitioner shall furnish two sureties and to execute a bond for a sum of Rs.30,00,000/-. Aggrieved by the same, the petitioner has filed the present petition.

4. Considering the facts and circumstances of the case and also the submissions made by the learned counsel for the petitioner, this Court is inclined to modify the condition. Accordingly, the condition imposed on the petitioner in Para 5 of the order dated 13.07.2023 in Crl.M.P.No.757 of 2023 is hereby modified to the effect that the petitioner shall furnish one surety and to execute a bond for a sum of Rs.20,00,000/-.

5. With the above modification, this Criminal Original Petition stands allowed.

30.04.2025 Index : Yes/No : Yes/No Speaking/non-speaking order Lpp To 1.The Judicial Magistrate-I, Tambaram.

2.The Inspector of Police S-15, Selaiyur Police Station, Selaiyur, Chennai G.K.ILANTHIRAIYAN, J.

Lpp 3.The Inspector of Police, EDF and Forgery Wing, Central Crime Branch, Tambaram Police Commissionerate, Chennai - 119.

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

Crl.O.P.No.13420 of 2025 30.04.2025