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Madras High CourtCRL MP/12235/2025withdrawn dismissed

Gopi @ Rangasamy v. State, Represented By, The Inspector Of Police,

2025-07-15Honourable Mr Justice M. Nirmal Kumar8 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.07.2025

CORAM

THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR in Crl.O.P.No.7683 of 2025 and Crl.M.P.SR.No.17845 of 2025 in Crl.O.P.No.7683 of 2025 Crl.M.P.Nos.12235 & 12236 of 2025 in Crl.O.P.No.7683 of 2025: Gopi @ Rangasamy ... Petitioner Vs.

State, represented by Inspector of Police, D-2, Anna Salai Police Station, Chennai.

(Crime No.114 of 2025) ... Respondent PRAYER in Crl.M.P.No.12235 of 2025 in Crl.O.P.No.7683 of 2025 :

Criminal Miscellaneous Petition is filed under Section 528 of BNSS, to modify the condition to "the petitioner is ready to deposit a sum of Rs.1,00,000/- to the credit of the crime number within a period of three weeks from the date of order, instead of the petitioner is directed to deposit a sum of Rs.2,00,000/- to the credit of the crime number within a period of Page No.1 of 8

two weeks from the date of receipt of a copy of this order imposed by this Court in Crl.O.P.No.7683 of 2025 dated 01.04.2025". PRAYER in Crl.M.P.No.12236 of 2025 in Crl.O.P.No.7683 of 2025: Criminal Miscellaneous Petition is filed under Section 528 of BNSS, to extend the time for furnishing surety in Crl.O.P.No.7683 of 2025 order passed by this Court on 01.04.2025.

For Petitioner :

Mr.V.Kulagurubabu For Respondent :

Mr.Leonard Arul Joseph Selvam, Government Advocate (Crl. Side) Crl.M.P.SR.No.17845 of 2025 in Crl.O.P.No.7683 of 2025: Muthusamy ... Petitioner Vs.

1.Gopi @ Rangasamy 2.State rep by, The Inspector of Police, D-2 Annasalai Police Station, Chennai.

... Respondent PRAYER: Criminal Miscellaneous Petition is filed under Section 528 of BNSS, to intervene in Crl.O.P.No.7683 of 2025 pending before this Court and dismiss the anticipatory bail petition in Crl.O.P.No.7683 of 2025. For Petitioner :

Mr.L.S.Idhaya Amuthan For R1 :

Mr.V.Kulagurubabu For R2 :

Mr.Leonard Arul Joseph Selvam, Government Advocate (Crl. Side) Page No.2 of 8

COMMON ORDER Crl.M.P.No.12235 of 2025 in Crl.O.P.No.7683 of 2025 is filed to modify the condition as "the petitioner is ready to deposit a sum of Rs.1,00,000/- to the credit of the crime number within a period of three weeks from the date of order", instead of "the petitioner is directed to deposit a sum of Rs.2,00,000/- to the credit of the crime number within a period of two weeks from the date of receipt of a copy of this order" which is imposed by this Court in Crl.O.P.No.7683 of 2025 on 01.04.2025. 2.Crl.M.P.No.12236 of 2025 in Crl.O.P.No.7683 of 2025 is filed to extend the time for furnishing surety as per order in Crl.O.P.No.7683 of 2025 passed by this Court on 01.04.2025.

3.Crl.M.P.SR.No.17845 of 2025 in Crl.O.P.No.7683 of 2025 is filed to to intervene in Crl.O.P.No.7683 of 2025 pending before this Court and dismiss the anticipatory bail petition in Crl.O.P.No.7683 of 2025. Page No.3 of 8

4.The petitioner was granted anticipatory bail in Crl.O.P.No.7683 of 2025 on 01.04.2025. Since the petitioner had voluntarily made submission that he is willing to deposit Rs.2,00,000/- to the credit of crime number, which can be handed over to the defacto complainant, this Court had granted anticipatory bail and directed the petitioner to deposit Rs.2,00,000/- to the credit of crime number within a period of two weeks from the date of receipt of a copy of this order.

5.The learned counsel for the petitioner/accused submitted that though the order was passed on 01.04.2025 granting anticipatory bail to the petitioner, the petitioner could not immediately get the copy of order, in the meanwhile, the petitioner also fell sick and due to unavoidable circumstances, the petitioner unable to mobilize the amount of Rs.2,00,000/- . Hence, Crl.M.P.Nos.12235 & 12236 of 2025 in Crl.O.P.No.7683 of 2025 are filed to modify the condition and to grant extension of time for furnishing sureties.

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6.The learned counsel for Intervenor/defacto complainant filed intervening petition (SR Stage) to intervene and to dismiss the anticipatory bail granted by this Court in Crl.O.P.No.7683 of 2025, dated 01.04.2025. Since the Registry has raised question for maintainability, Crl.M.P.SR.No.17845 of 2025 in Crl.O.P.No.7683 of 2025 is posted for maintainability.

7.The learned counsel for the petitioner submits that the petitioner is ready to deposit the amount of Rs.2,00,000/- to the credit of crime number within a period of two weeks from today and seeks permission of this Court to withdraw Crl.M.P.No.12235 of 2025 in Crl.O.P.No.7683 of 2025. He further reiterates the petitioner has got no objection for the defacto complainant to withdraw the amount of Rs.2,00,000/-. 8.The learned counsel for the Intervenor/defacto complainant submits that he has got no objection for granting time to the petitioner for depositing the amount and his only intention is that the entire money to be collected from the petitioner which he lost.

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9.In view of the above, Crl.M.P.No.12235 of 2025 in Crl.O.P.No.7683 of 2025 is dismissed as withdrawn and Crl.M.P.SR.No.17845 of 2025 in Crl.O.P.No.7683 of 2025 is rejected at SR stage itself. 10.Considering the submissions made by the learned counsel for the petitioner and defacto complainant has got no objection, this Court grants two weeks time from today to the petitioner to deposit Rs.2,00,000/- to the credit of Crime No.114 of 2025 before the learned II Metropolitan Magistrate, Egmore, Chennai. Once the amount is deposited, the learned Magistrate to permit defacto complainant to withdraw the amount without notice to the petitioner. Accordingly, Crl.M.P.No.12236 of 2025 in Crl.O.P.No.7683 of 2025 is ordered.

11.It is made clear that no further extension of time will be granted to the petitioner in the event of failure of payment and failure in complying with other conditions. If the petitioner fails to make deposit within two weeks from day, the respondent Police is directed to secure the petitioner if Page No.6 of 8

required and proceed with the investigation.

15.07.2025 Speaking Order/Non Speaking Order Index : Yes/No vv2 To 1.The II Metropolitan Magistrate, Egmore, Chennai.

2.The Inspector of Police, D-2, Anna Salai Police Station, Chennai.

3.The Public Prosecutor, Madras High Court.

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M.NIRMAL KUMAR, J.

vv2 in Crl.O.P.No.7683 of 2025 and Crl.M.P.SR.No.17845 of 2025 in Crl.O.P.No.7683 of 2025 15.07.2025 Page No.8 of 8