Senthil Kumar v. State Represented By, The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06-05-2026

CORAM

THE HON'BLE MRS.JUSTICE L.VICTORIA GOWRI IN CRL OP NO. 3165 OF 2023 Senthil Kumar S/o.Jayavel, Door No.43/205, Kasakaranur, Salem.

..Petitioner(s) Vs State represented by:

The Inspector of Police, Economic Offence Wing (EOW), Salem.

Now Transferred to The Inspector of Police, Economic Offence Wing (EOW), Dharmapuri.

Crime.No.01/2019 ..Respondent(s) Prayer: Criminal Miscellaneous Petition filed under Section 528 of BNSS, 2023, seeking to modify the condition imposed upon the petitioner and 5th Accused (Kundidevi) vide common order in Crl.O.P.No.3165 of 2023 and 3166 of 2023 respectively dated 13.02.2023, the condition that the petitioner shall deposit a sum of Rs.3,00,000/- (Rupees Three Lakhs only) to the credit of Cr.No.01 of 2019 before the learned Judicial Magistrate No.II, Dharmapuri, within a period of eight weeks from the dated of receipt of a copy of this order with the order of refund of the said deposit to the petitioner.

For Petitioner(s):

Mr.V.Rajamohan For Respondent(s):

Mr. A. Damodaran, Additional Public Prosecutor.

ORDER

This criminal miscellaneous petition is filed to modify the condition imposed upon the petitioner and 5th Accused (Kundidevi) vide common order in Crl.O.P.No.3165 of 2023 and 3166 of 2023 respectively dated 13.02.2023, the condition that the petitioner shall deposit a sum of Rs.3,00,000/- (Rupees Three Lakhs only) to the credit of Cr. No.01 of 2019 before the learned Judicial Magistrate No.II, Dharmapuri, within a period of eight weeks from the dated of receipt of a copy of this order with the order of refund of the said deposit to the petitioner.

2.

Heard the learned Counsel on both sides and perused the materials records of the case.

3.

This Court passed an order of bail with a condition that the petitioner shall deposit a sum of Rs.3,00,000/- to the credit of Crime No.01 of 2019 before the learned Judicial Magistrate No.II, Dharmapuri. Complying the same, the petitioner has deposited the said amount before the learned Judicial Magistrate No.II, Dharmapuri. Thereafter, the Investigating Officer had

concluded the enquiry and had closed the matter as 'mistake of fact' on 14.10.2025. In this regard, since the matter has already been closed 'as mistake of fact', the petitioner is permitted to withdraw the said amount of Rs.3,00,000/- (Rupees Three Lakhs only) by making suitable application before the learned Judicial Magistrate No.II, Dharmapuri and on receipt of such application, the learned Judicial Magistrate No.II, Dharmaputi, may permit the petitioner to withdraw the same.

4.

Accordingly, this Criminal Miscellaneous Petition is allowed. 06-05-2026 [2/2] Index: Yes/No Speaking/Non-speaking order VEDA / MJS Note:

1. Registry is directed to forthwith upload this order in the Official Website of this Court.

2. All concerned to act on this order being uploaded in Official Website of this Court without insisting on certified hard copies. To be noted, this order when uploaded in the official website of this Court will be watermarked and will also have a QR code.

To

1. The Judicial Magistrate No.II, Dharmapuri.

2. The Inspector of Police, Economic Offence Wing (EOW), Salem.

3. The Inspector of Police, Economic Offence Wing (EOW), Dharmapuri.

4. The Public Prosecutor, Madras High Court.

L.VICTORIA GOWRI, J.

VEDA / MJS IN CRL OP NO. 3165 OF 2023 06-05-2026 [2/2]