Gandhi v. State, Represented By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.10.2025

CORAM

THE HONOURABLE MR.JUSTICE K.RAJASEKAR CRL OP NO. 26944 of 2025 1.Gandhi 2.Muthukumar ....Petitioners Vs The State rep. by The Inspector of Police Koradachery Police Station Thiruvarur District Crime No. 219 of 2025.

Respondent PRAYER : Criminal Original Petition filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023, praying to modify the conditions imposed in Crl.M.P.No. 1133 of 2025, dated 11.09.2025 passed by the Principal Sessions Judge, Thiruvarur, by reducing the non-refundable deposit of Rs.90,000/- (Rupees Ninety Thousand Only) to a reasonable and workable sum or, in the alternative, waive the cost imposed. For Petitioners : Mr.S.Shivaraj, For Respondent : Mr.A.Gopinath Government Advocate (Criminal Side) ----

O R D E R

This petition has been filed seeking to modify the conditions imposed in Crl.M.P.No.1133 of 2025, dated 11.09.2025 passed by the Principal Sessions Judge, Thiruvarur, by reducing the non-refundable deposit of Rs.90,000/- (Rupees Ninety Thousand Only).

2.Earlier, the Court below had granted anticipatory bail in Crl.M.P.No. 1133 of 2025, dated 11.09.2025 to the petitioners herein, for the offences punishable under Sections 303(1) of BNS read with Section 21(1) of Mines and Minerals (Development and Regulation) Act, in Crime No. 219 of 2025 with certain conditions, wherein, the relevant Paragraph No.5(i) which reads as follows:- "5.(i) the petitioners each shall make non-refundable deposit of a sum of Rs.90,000/- to the President, Advocate Clerks' Association, Thiruvarur, and proof of payment of the same shall be filed by the petitioners before the learned District Munsif-Cum-Judicial Magistrate, Needamangalam." 3.After hearing both sides, this Court modifies the condition imposed

by the learned Principal Sessions Judge, Thiruvarur, in Crl.M.P.No. 1133 of 2025 dated 11.09.2025 to the petitioners, wherein, the relevant Paragraph No.5(i) which reads as follows:- 5(i) The petitioners herein shall make NonRefundable deposit a sum of Rs.25,000/- [Rupees Twenty Five Thousand Only] to the President, Advocate Clerks' Association, Thiruvarur, and proof of payment of the same shall be produced by the petitioners before the Trial Court.

4.The rest of the conditions imposed by the Court below shall remain unaltered.

5.Accordingly, this petition is ordered.

06.10.2025 MSM

To

1. The Principal Sessions Judge, Thiruvarur, 2.The Inspector of Police Koradachery Police Station Thiruvarur District Crime No. 219 of 2025.

3. The Public Prosecutor, High Court of Madras.

K.RAJASEKAR , J.

MSM Crl.O.P.No. 26944 of 2025 06.10.2025