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

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.07.2025

CORAM

THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR Kishorkumar

...Petitioner

Vs.

The State Rep. by The Inspector of Police, Avinashi Police Station, Tiruppur District.

Crime No.764 of 2023

...Respondent

PRAYER: Criminal Miscellaneous Petition has been filed under Section 528 of BNS Act, to modify the condition imposed in para 2 in Crl.M.P.No.2412 of 2025 in Crl.O.P.No.30756 of 2024 dated 13.02.2025. For Petitioners :

Mr.A.Saranraj For Respondent :

Mr.C.Baskaran Government Advocate (Crl. Side) Page No.1 of 4

ORDER

This petition has been filed seeking to modify the condition imposed in para 2 in Crl.M.P.No.2412 of 2025 in Crl.O.P.No.30756 of 2024 dated 13.02.2025.

2. Crl.M.P.No.2412 of 2025 in Crl.O.P.No.30756 of 2024 was filed seeking to modify the conditions imposed against the petitioner in para No.6 of the order in Crl.O.P.No.30756 of 2024 dated 12.12.2024, directing the petitioner to deposit a sum of Rs.30,000/- [Rupees Thirty Thousand Only] to the credit of Crime No.764 of 2023.

3. This Court, by order dated 13.02.2025 in Crl.M.P.No.2412 of 2025 in Crl.O.P.No.30756 of 2024, modified the conditions imposed against the petitioner in para No.6 of the order in Crl.O.P.No.30756 of 2024 dated 12.12.2024 that "the petitioner shall deposit a sum of Rs.20,000/- [Rupees Twenty Thousand Only] to the credit of Crime No.764 of 2023 within a period of two weeks from the date of receipt of a copy of this order". Page No.2 of 4

4. The contention of the petitioner is that the petitioner hails from a poor background and therefore he is unable to mobilize the amount. Despite the bail having been granted by this Court on 12.12.2024, the petitioner is still in prison, and it has been almost 7 months as of now. Hence, he has prayed for a suitable modification.

5. In view of the above, the conditions imposed by this Court in Crl.M.P.No.2412 of 2025 in Crl.O.P.No.30756 of 2024 dated 13.02.2025 is onerous. But the petitioner is unable to pay the amount as stated supra.

6. Considering the facts and circumstances of the case, this Court modifies the above conditions to the effect that "the petitioner is ordered to be released on bail on condition to execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand Only) with two sureties each, in which one surety must be a blood surety, for a like sum to the satisfaction of the learned Principal Subordinate Judge, Avinashi, Thiruppur District". M.NIRMAL KUMAR, J.

Page No.3 of 4

7. With the above observations and direction, this Criminal Miscellaneous Petition is ordered. The other conditions shall remain unaltered.

25.07.2025 cda To 1.The Inspector of Police, Avinashi Police Station, Tiruppur District.

2.The Public Prosecutor, High Court, Madras.

Page No.4 of 4