Manojkumar Paneerselvam v. The Commissioner Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 31.07.2025

CORAM:

THE HON'BLE MR.JUSTICE G.K.ILANTHIRAIYAN Manojkumar Paneerselvam S/o. Paneerselvam Solaimalai Plot No.55, Indira Orchard Town, Chinna Sengundram Village, Maraimalai Nagar, Chengalpattu - 603 204.

...Petitioner

Vs.

The Commissioner of Police, Commissioner office, Tambaram, Chennai - 600 045.

(Cr.No.65/2024) ... Respondent PRAYER: Criminal Revision Petition filed under Section 438 & 442 of BNSS, 2023, to set aside order passed by the Judicial Magistrate II, Chengalpattu in Crl.M.P.No.2894 of 2024, dated 08.11.2024 and call for the entire records of the same and allow this Criminal Revision Petition.

For Petitioner : Mr.V.Balasubramani For Respondent : Mr.A.Gopinath Govt. Advocate (Crl.side)

ORDER

This Criminal Revision has been filed as against the order passed by the Judicial Magistrate II, Chengalpattu in Crl.M.P.No.2894 of 2024, dated 08.11.2024.

2. The learned counsel for the petitioner submitted that the petitioner had lodged a complaint and FIR was registered in Cr.No.65/2024 under Sections 406, 420 of IPC r/w. 66 D IT (Amendment) Act, 2008 alleging that the petitioner has been defrauded by unknown person through online to the tune of Rs.1,00,00,000/-. Pending investigation the respondent police has freezed a sum of Rs.4,71,160/- in the accounts of the alleged accused persons to which the petitioner's money has been transferred. In returning the said freezed amount to the petitioner, the trial Court vide order dated 08.11.2024 has imposed the following conditions: "i) The petitioner should execute a bond for Rs.4,70,000/-

along with two sureties each for a like sum to the satisfaction of this Court.

ii) The petitioner has to return the money whenever directed by the Court.

iii) The first respondent shall file a compliance report, with respect to transfer of amount, within a week of the date of this order." The learned counsel for the petitioner further submits that the petitioner is not able to produce two sureties each for a sum of Rs.4,70,000/-, however he is ready to execute a indemnity bond as regards the sureties.

3. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl. Side) for the respondent.

4. Considering the facts and circumstances of the case, this Court is inclined to remove the first condition imposed by the trial court i.e.: "The petitioner should execute a bond for Rs.4,70,000/- along with two sureties each for a like sum to the satisfaction of this Court."

5. Accordingly, this Criminal Revision Case is partly allowed and the first condition imposed by the Judicial Magistrate II, Chengalpattu in Crl.M.P.No.2894 of 2024, dated 08.11.2024, is hereby removed. The other conditions imposed by the trial court remains unaltered. 31.07.2025 Index : Yes/No Internet : Yes Speaking/Non-speaking order bkn

To

1. Judicial Magistrate II, Chengalpattu

2. The Commissioner of Police, Commissioner office, Tambaram, Chennai - 600 045.

3. The Public Prosecutor, Madras High Court.

G.K.ILANTHIRAIYAN, J.

bkn 31.07.2025