Madras High CourtCRL RC/1260/2025disposed of

D Seshaa Sai v. The State Rep By Station House Officer

2025-07-30Honourable Mr Justice G.K. Ilanthiraiyan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30.07.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN D.Seshaa Sai ... Petitioner Vs

1. The State represented by Station House Officer, CCD-1, Tambaram Police Station, Tamabaram, Chengalpattu District.

2. Bandhan Bank (IFSC.BDL0001296), First Floor, A55, Amrabati, Sodepur Kolkata, West Bengal, Kolkata 700110.

3. Bandhan Bank (IFSC: BDBL0002127) Ground Floor, BS 4/1, HMC Stadium Complex, 5-9, Mahatma Gandhi Road, Ward No.29, Dist-Howrah, West Bengal, Howrah Maidan, West Bengal - 711 101.

... Respondents PRAYER: Criminal Revision Case is filed under Section 397 read with 401 of the Code of Criminal Procedure/ Section 438(1) read with Section 442 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to set aside the order passed by the

Judicial Magistrate No.II, Chengalpattu dated 24.06.2025 in Crl.M.P.No.1805 of 2025 in respect of the 1st condition more particularly, directing the Revision Petitioner to furnish two sureties each for Rs.25,00,000/- (Rupees Twenty Five Lakh only) as it is arbitary and is in violation of Article 14 and Article 21 of the Constitution of India.

For Petitioner : M/s Anu Narendran For R1 : Mr.A.Gopinath Government Advocate (Crl.side)

ORDER

This Criminal Revision has been filed as against the order passed in Crl.M.P.No.1805 of 2025 dated 24.06.2025 by the Judicial Magistrate No.II, Chengalpattu.

2. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.side) for the first respondent and perused the materials available on record.

3. The petitioner filed a petition in Crl.M.P.No.1805 of 2025 on the file of the Judicial Magistrate No.II, Chengalpattu for return of cash. The Trial Court, on 24.06.2025 allowed the petition on a condition that the petitioner should execute a bond for a sum of Rs.25,00,000/- (Rupees Twenty Five Lakhs only) along with two sureties each for a like sum to the satisfaction of the Trial

Court. However, the petitioner, being the defacto complainant was unable to comply with the said condition. Hence, this Criminal Revision.

4. Considering the facts and circumstances of the case, this Court is inclined to delete the Condition No.(i) alone. Accordingly, the Condition No.(i) in the order dated 24.06.2025 in Crl.M.P.No.1805 of 2025 passed by the Judicial Magistrate No.II, Chengalpattu, is hereby deleted. The other conditions shall remain intact. The first respondent is directed to comply with the order dated 24.06.2025 in Crl.M.P.No.1805 of 2025 passed by the Judicial Magistrate No.II, Chengalpattu, forthwith.

5. Accordingly, the Criminal Revision Case stands allowed. 30.07.2025 (2/2) Internet:Yes Index:Yes/No Speaking/Non speaking order mn

G.K.ILANTHIRAIYAN. J, mn To

1. The Judicial Magistrate No.II, Chengalpattu.

2. The Station House Officer, CCD-1, Tambaram Police Station, Tamabaram, Chengalpattu District.

3. The Public Prosecutor, High Court, Madras.

30.07.2025