Mangal Govinda Ramaraj Nambbi @ Mgr Nambirajan v. State Rep.By The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.07.2025

CORAM

THE HON'BLE MR. JUSTICE P.VELMURUGAN Crl.O.P.No.18936 of 2025 Mangal Govinda Ramaraj Nambbi ... Petitioner Vs State represented by The Inspector of Police, Virugambakkam Police Station, Koyambedu Police District Chennai.

... Respondent PRAYER: Criminal Original Petition filed under Section 528 of BNSS 2023, to set aside the returned docket order dated 12.06.2025 passed by the learned XXIII Metropolitan Magistrate, Saidapet, Chennai. For Petitioner : Mr.G.Mohanakrishnan For Respondent : Dr.C.E.Pratap Government Advocate (Crl.Side)

O R D E R

This Criminal Original Petition has been filed to set aside the docket order dated 12.06.2025 passed by the learned XXIII Metropolitan Magistrate, Saidapet, Chennai.

2. Heard the learned counsel appearing for the petitioner and the

learned Government Advocate (Crl.Side) appearing for the respondentPolice and perused the materials available on record.

3. The petitioner had already filed Crl.O.P.No.27588 of 2024 seeking anticipatory bail. This Court vide order dated 04.12.2024 granted anticipatory bail on certain conditions and condition (b) is as follows: (b) the petitioner is directed to deposit Rs.13 Lakhs while producing sureties before the concerned Magistrate Court within 15 days from the date of receipt of a copy of this order, without prejudice to his defence for the facts of the case and the defacto complainant is at liberty to withdraw the amount on giving appropriate undertaking for redepositing the said amount as and when required.

4. Aggrieved over the order of this Court in Crl.O.P.No.27588 of 2024, the petitioner approached the Hon'ble Supreme Court by way of SLP in SLP No.26629 of 2025, in which the Hon'ble Supreme Court vide order dated 03.06.2025 stayed the condition (b) alone.

5. The petitioner filed a surrender petition before the learned XXIII Metropolitan Magistrate, Saidapet, Chennai. The learned

Magistrate wrongly interpreted the order of the Hon"ble Supreme Court and refused to accept the petitioner's surrender petition/surety and returned the same by way of impugned endorsement. Hence the petitioner prayed to set aside the impugned docket order dated 12.06.2025 passed by the learned XXIII Metropolitan Magistrate, Saidapet, Chennai.

6. Considering the facts and circumstances of the case and also the submission made by the learned counsel on either side, this Court directs the learned Magistrate to accept the petitioner's surety for the time being and with regard to deposition of the amount, that may be proceeded after disposal of the said SLP.

7. With the abovesaid direction, this Criminal Original Petition is disposed of.

09.07.2025 mfa Index:Yes/No Speaking Order: Yes/No

To

1. The XXIII Metropolitan Magistrate, Saidapet, Chennai.

2. The Inspector of Police, Virugambakkam Police Station, Koyambedu Police District Chennai.

3. The Public Prosecutor, High Court, Chennai.

P.VELMURUGAN, J mfa Crl.O.P.No.18936 of 2025 09.07.2025