K. Shivakumar v. The State Rep By, The Deputy Superintendent Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 03.09.2025
CORAM:
THE HON'BLE MR.JUSTICE N. SATHISH KUMAR K.Shivakumar ... Petitioner Vs.
The State represented by, The Deputy Superintendent of Police, E.O.W. Ashok Nagar Police Station, Chennai.
(Crime No.12 of 2022) ... Respondents PRAYER : Criminal Original Petition is filed under Section 528 of BNSS, to set aside the order passed by the learned Special Judge for TNPID Act, Chennai, in Crl.M.P.No.330 of 2025 dated 18.07.2025 and consequently, relax the conditions.
For Petitioner : Mr.G.M.Gokulram for M/sRam Gokul Advocates and Associates For Respondent : Mr.R.Vinothraja Government Advocate (Criminal Side) 1/5
O R D E R
The Criminal Original Petition has been filed seeking to set aside the order passed by the learned Special Judge for TNPID Act, Chennai, in Crl.M.P.No.330 of 2025 dated 18.07.2025 and to relax the conditions imposed.
2.
Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Criminal Side) appearing for the respondent.
3.
The petitioner is arrayed as A9 in Crime No.21 of 2022, registered on the file of the respondent Police for the offences under Sections 409, 420 and 120 of IPC and Section 5 of TN Protection of Interest of Depositors (In Financial Establishments) Act. Earlier, the petitioner was granted statutory bail by the Special Court under TNPID Act (FAC), Chennai, in Crl.M.P.No.500 of 2024, vide order dated 19.02.2024, with a condition to appear before the respondent Police on every Monday at 10.30 a.m., for one month and thereafter, on the 1st and 15th day of every 2/5
month for two months and thereafter, on the first working day of every month till receipt of summons from the Court. The relaxation petition filed by the petitioner in Crl.M.P.No.330 of 2025 is dismissed by the Court below. Hence, the present petition has been filed. 4.
The contention of the learned counsel appearing for the petitioner is that the petitioner has been complying with the conditions imposed by the Court below in Crl.M.P.No.500 of 2024, dated 19.02.2024, from his date of release i.e., 22.02.2024. However, the petition filed by the petitioner in Crl.M.P.No.330 of 2025 seeking relaxation of the said condition was dismissed by the TNPID Court, holding that the petition could not be sustained. He further contended that the condition had already been relaxed to one of the co-accused vide order dated 05.06.2023 in Crl.M.P.No.2092 of 2023 and that the charge sheet has not been filed till date. Hence, he prayed to relax the condition imposed in Crl.M.P.No.500 of 2024.
5.
Considering the nature of charges against the petitioner and taking note of the fact that the charge sheet has not been filed till date, this Court is of the opinion that the dismissal of the relaxation petition filed by 3/5
the petitioner is not correct. Therefore, this Court is inclined to relax the conditions.
6.
Accordingly, the Criminal Original Petition is allowed. The order passed by the learned Special Judge for TNPID Act, Chennai, in Crl.M.P.No.330 of 2025 dated 18.07.2025, is hereby quashed and the conditions imposed on the petitioner in Crl.M.P.No.500 of 2024 dated 19.02.2024, are relaxed.
03.09.2025 ham To
1. The Special Judge for TNPID Act, Chennai.
2. The Deputy Superintendent of Police, E.O.W. Ashok Nagar Police Station, Chennai.
3. The Public Prosecutor, High Court of Madras.
4/5
N. SATHISH KUMAR , J.
ham 03.09.2025 5/5