Madras High CourtCRL OP/26621/2024disposed of

Saravanan v. The State Represented By Its

2024-12-03Honourable Mr Justice P. Velmurugan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.12.2024

CORAM

THE HON'BLE MR. JUSTICE P.VELMURUGAN Saravanan ... Petitioner Vs.

The State Represented by The Inspector of Police, Thiruthuraipoondi Police Station, Thiruvarur District.

(Crime No.484 of 2024) ... Respondent PRAYER: Criminal Original Petition filed under Section 483(1)(b) of BNSS Act, 2023, pleased to call for the records and to modify the condition imposed by the learned Principal Sessions Judge, Thiruvarur in Crl.M.P.No.1525 of 2024 dated 10.09.2024 vide "5(i) The petitioner shall make non-refundable deposit a sum of Rs.40,000/- to the Chairman / District Judge, The District Legal Services Authority, Thiruvarur and proof of payment of the same shall be filed by the petitioner before the Learned Judicial Magistrate, Thiruthuraipoondi." and "5(iv). The

petitioner shall report before the Inspector of Police, Thiruthuraipoondi Police Station daily at 10.00 a.m., for a period of one month from the date of surrender."

For Petitioner : Mr.S.Arivazhagan For Respondent : Mr.S.Sugendran, Additional Public Prosecutor

O R D E R

This Criminal Original Petition has been filed to call for the records and to modify the condition imposed by the learned Principal Sessions Judge, Thiruvarur in Crl.M.P.No.1525 of 2024 dated 10.09.2024 vide "5(i) The petitioner shall make non-refundable deposit of of a sum of Rs.40,000/- to the Chairman / District Judge, District Legal Services Authority, Thiruvarur and the proof of payment of the same shall be filed by the petitioner before the Learned Judicial Magistrate, Thiruthuraipoondi." and "5(iv). The petitioner shall report before the Inspector of Police, Thiruthuraipoondi Police Station daily at 10.00 a.m., for a period of one month from the date of surrender."

2. Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondent and perused the materials available on record.

3. Aggrieved over the conditional order dated 10.09.2024 passed in Crl.M.P.No.1525 of 2024 by the learned Principal Sessions Judge, Thiruvarur, the petitioner has filed the above criminal original petition. One of the conditions imposed by the learned Principal Sessions Court is that the petitioner is directed to make non-refundable deposit of a sum of Rs.40,000/- to the Chairman / District Judge, District Legal Services Authority, Thiruvarur. The Hon'ble Apex Court time and again reiterated that while granting bail orders not to impose the condition with regard to deposition of non-refundable amount.

4. Hence, the condition 5(i) imposed by the learned Principal Sessions Judge, Thiruvarur is modified to the effect that the petitioner is directed to appear before the respondent police daily at 10 am until further orders. Further, the respondent police is also directed to file

antecedents of the petitioner before the learned Sessions Judge, Thiruvarur.

5. With the above said direction, The Criminal Original Petition is disposed of.

03.12.2024 mfa Index:Yes/No Speaking Order: Yes/No To 1.The Learned Principal Sessions Judge, Thiruvarur. 2.The Inspector of Police, Thiruthuraipoondi Police Station, Thiruvarur District.

3.The Public Prosecutor, High Court, Madras.

P.VELMURUGAN, J mfa 03.12.2024