Kulasekaran v. The State Re By, The Inspector Of Police, (Crime)

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19-09-2025

CORAM

THE HONOURABLE MR JUSTICE N. SATHISH KUMAR L.Kulasekaran Petitioner(s) Vs The State Rep by, The Inspector of Police, (Crime) J5, Sasthri Nagar Police Station, Chennai - Crime No. 159/2022 Respondent(s) PRAYER Criminal Original Petition is filed under Section 482 of Cr.P.C., / Section 528 of BNSS to call for the records and set aside the docket order dated 30.07.2025 in unnumbered Crl.MP. on the file of learned IX Metropolitan Magistrate Saidapet, Consequently, direct the learned IX Metropolitan Magistrate, Saidapet, Chennai to payment out the sum of Rs.1,00,000/- deposited in the court vide Receipt No. 02163 dated 20/10/2022 pursuant to the order dated 19/06/2025 made in Crl.MP.No.3595/2025 on the file of IX Metropolitan magistrate Saidapet, Chennai.

For Petitioner(s):

Mr.B.Manoharan For Respondent Mr.R.Vinothraja Government Advocate (Crl.Side) 1/5

O R D E R

This petition is filed to set aside the docket order dated 30.07.2025 in unnumbered Crl.MP. on the file of learned IX Metropolitan Magistrate Saidapet, consequently, direct the learned IX Metropolitan Magistrate, Saidapet, Chennai to payment out the sum of Rs.1,00,000/- deposited in the court vide Receipt No. 02163 dated 20/10/2022 pursuant to the order dated 19/06/2025 made in Crl.MP.No.3595/2025 on the file of IX Metropolitan magistrate Saidapet, Chennai.

2. Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl.Side) appearing for the respondent and perused the documents placed on record.

3. It is pertinent to note that while the petitioner was granted bail in pursuant to Crime No.159 of 2022 by the learned IX Metropolitan Magistrate, Saidapet, Chennai in Crl.M.P.No.17459 of 2022, the said court by order dated 20.10.2022 has directed the petitioner to deposit a sum of Rs.1,00,000/- [Rupees One Lakh] to the credit of Crime No.159 of 2022 on the file of the respondent police and the petitioner deposited the said amount. Thereafter, the petitioner 2/5

filed Crl.M.P.No.3595 of 2025 for modification of bail condition with regard to deposit of Rs.1,00,000/- and the said condition has been modified by the said court on 19.06.2025 with a direction that the petitioner shall execute a bond for Rs.10,000/- with two sureties each to the like sum to the satisfaction of the court. The said modification order clearly indicates that the original condition for deposit of Rs.1,00,000/- has been modified to the effect that that petitioner shall execute a bond for a sum of Rs.10,000/- with two sureties each to the satisfaction of a like sum to the satisfaction of the court.

4. Now, it appears that two sureties have been produced and bond was also executed as per the modification order.

5. In such view of the matter, the court below ought to have taken the application for return of money on file and passed an order on merits. Therefore, the docket order dated 30.07.2025 is set aside and the learned IX Metropolitan Magistrate, Saidapet is directed to pass orders for return of amount of Rs.1,00,000/- as per law.

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In the result, the present Petition is allowed. 19-09-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes;

To

1. The IX Metropolitan Magistrate Saidapet

2. The State Rep by, The Inspector of Police, (Crime) J5, Sasthri Nagar Police Station, Chennai - Crime No. 159/2022 4/5

N.SATHISH KUMAR J.

ssd CRL OP No. 25847 of 19-09-2025 5/5