Kanda Subramanian @ Rangasamy Kanda Subramanian, v. The State By Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.08.2025

CORAM

THE HONOURABLE Dr.JUSTICE G.JAYACHANDRAN Crl.M.P.No.16092 of 2025 in Crl.OP.No.21811 of 2025 Kanda Subramanian @ Rangasamy Kanda Subramanian ... Petitioner Vs.

State Rep by, The Inspector of Police, Madipakkam Police Station, St. Thomas Mount, Chennai.

Cr.No.753 of 2025 ... Respondent PRAYER : Criminal Original Petition filed under Section 528 of BNSS Act to modify the condition imposed in para 9 of the order in Crl.OP.No.21811 of 2025 dated 06.08.2025 permitting the defacto complainant to file a petition/memo seeking for withdrawal of the amount. For Petitioner :

Mr.Nelson Britto For Respondent :

Mr.L.Baskaran Government Advocate (Crl.Side)

O R D E R

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This Court has granted anticipatory bail to the petitioner herein on 06.08.2025, on condition that he should deposit a sum of Rs.10,00,000/- in the crime account and also liberty to the defacto complainant to withdraw the said amount. The present petition is filed seeking modification of the said order contending that the petitioner has deposited Rs.10 lakhs. However, the permission for the defacto complainant to withdraw the money is still highly prejudicial to the petitioner herein.

2. This Court finds merit in the said submission, the complaint for cheating has been filed and it is under investigation. At this juncture, if the defacto complainant is permitted to withdraw the amount deposited as a pre condition for granting bail it will amount to a recovery process under the guise of crime. Hence, the condition is modified. The Trial Court shall keep the money deposited in the CCD account, until further orders. 26.08.2025 drl 2/4

To 1.The Inspector of Police, Madipakkam Police Station, St. Thomas Mount, Chennai.

2 The Public Prosecutor, High Court of Madras.

Dr.G.JAYACHANDRAN, J.

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drl Crl.M.P.No.16092 of 2025 in Crl.OP.No.21811 of 2025 26.08.2025 4/4