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Madras High CourtCRL OP/22680/2025disposed of

Aachi v. State Rep By, The Inspector Of Police,

2025-08-14Honourable Mr Justice N. Sathish Kumar5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14-08-2025

CORAM

THE HONOURABLE MR JUSTICE N. SATHISH KUMAR

1. Aachi W/o. Selladurai, Paluranpadugai, Mathiravelur, Sirkazhi Taluk, Mayiladuthurai Dsitrict.

Petitioner(s) Vs

1. State Rep by, The Inspector of Police, Anaikaranchathiram Police Station, Mayiladuthurai District.

(Cr.No.93/2023) Respondent(s) PRAYER : Criminal Original Petition filed under section 528 of BNSS to modify the condition No.(C) imposed on the petitioner by the learned District and Sessions Judge, Mayiladuthurai In Crl.MP.No.2210 of 2023 vide order dated 05.12.2023 that the petitioner shall deposit a sum of Rs.1,00,000/- (Rupees One Lakh Only) as fixed deposit in the name of the Petitioner in any nationalized bank and to submit that fixed deposit receipt before the Learned Judicial Magistrate, Sirkazhi and after disposal of the case to receive FDR.

For Petitioner(s):

Mr.M.Vijaya Ragavan For Respondent(s):

Mr.R.Vinodhraja, Government Advocate [Crl.Side]

ORDER

This Criminal Original Petition has been filed to modify the condition No.(C) imposed on the petitioner by the learned District and Sessions Judge, Mayiladuthurai In Crl.MP.No.2210 of 2023 vide order dated 05.12.2023 that the petitioner shall deposit a sum of Rs.1,00,000/- (Rupees One Lakh Only) as fixed deposit in the name of the Petitioner in any nationalized bank and to submit that fixed deposit receipt before the Learned Judicial Magistrate, Sirkazhi.

2. The respondent police, in the course of investigation in Crime No.93 of 2023 seized the vehicle belonging to the petitioner. In this case, the petitioner has not been arrayed as an accused. The petitioner filed an application seeking for return of the vehicle. The Court below allowed the application by imposing

certain conditions. The petitioner is aggrieved by the condition (c) imposed and for proper appreciation, the same is extracted hereunder: "(c) The petitioner shall deposit a sum of Rs.1,00,000/- (Rupees One Lakh only) as fixed deposit in the name of the petitioner in any nationalized Bank and to submit the fixed deposit receipt produce before the learned Judicial Magistrate, Sirkali and after disposal of the case to receive the FDR"

3. Taking into consideration the facts and circumstances of the case, the condition (c) (extracted above) imposed by learned District and Sessions Judge, Mayiladuthurai, in Crl.M.P.No.2210 of 2023, dated 05.12.2023, is hereby modified to the effect that the petitioner shall deposit a sum of Rs.50,000/- [fifty thousand only] in any nationalized Bank and to submit the fixed deposit receipt before the learned Judicial Magistrate, Sirkali and after disposal of the case to receive the FDR. On such Fixed Deposit Receipt being produced, the fixed deposit receipt for Rs.1,00,000/- [Rupees one lakh] can be handed over to the petitioner to enable the petitioner to take back the amount. All other conditions imposed by the Court below shall remain unaltered.

4. Accordingly, this Criminal Original Petition is disposed of. 14-08-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes vrc To

1. The District and Sessions Judge, Mayiladuthurai.

2.The Inspector of Police, Anaikaranchathiram Police Station, Mayiladuthurai District.

(Cr.No.93/2023)

N.SATHISH KUMAR J.

vrc CRL OP No. 22680 of 14-08-2025