Venkatesan @ Seeman Venkat v. The State Rep. By The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 16.12.2025
CORAM
THE HONOURABLE Mr. JUSTICE K. RAJASEKAR Venkatesan @ Seeman Venkat ... Petitioner Vs.
State represented by Inspector of Police, Sholavaram Police Station ... Respondent (CrimeNo.636 of 2022) PRAYER : Criminal Miscellaneous Petition filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, Act, 2023, to modify the condition No.1 and condition No.2 imposed in order dated 31.10.2025 in Crl.M.P.No.51 of 2025 in S.C.No.509 of 2024 on the file of IV Additional District Court, Tiruvallur at Ponneri by (1) Waiving the Rs.50,000/- cash deposit, OR permitting the petitioner to give a simple bond/sureties instead (2) Dispensing with solvency certificates, and allowing sureties with Aadhar, voter ID or income certificate.
For Petitioner : Mr.P.Chandra Sekar For Respondent : Ms.J.R.Archana Government Advocate (Crl.Side)
ORDER
This Criminal Miscellaneous Petition has been filed by the petitioner seeking modification of the bail condition Nos.1 and 2 imposed on the petitioenr in the order dated 31.10.2025 in Crl.M.P.No.51 of 2025 in S.C.No.509 of 2024 on the file of IV Additional District Court, Tiruvallur at Ponneri by (1) Waiving the Rs.50,000/- cash deposit, OR permitting the 1/4
petitioner to give a simple bond/sureties instead (2) Dispensing with solvency certificates, and allowing sureties with Aadhar, voter ID or income certificate.
2. The learned counsel for the petitioner submitted that the condition imposed on the petitioner while granting bail that the petitioner shall deposit cash security of Rs.50,000/- in S.C.No.509 of 2024 under criminal Court deposit and that two sureties shall furnish solvency certificate, for a sum of Rs.1,00,000/- by each to the satisfaction of the learned Judicial Magistrate No.II, Ponneri, and the same is onerous condition. He further submitted that the petitioner is unable to pay the money and directing the petitioner to deposit a cash security is unwarranted and prays to modify the same.
3. The learned Government Advocate (Crl.Side) appearing for the respondent State submitted that on the basis of facts and circumstances of the case, the trial Court has imposed such condition and since the petitioner has involved in nine previous cases, strict conditions needs to be imposed on the petitioner. Hence, he opposed to modify the condition imposed on the petitioner.
4. I have also gone through the reasons stated by the Trial Court.
5. This Court is of the view that directing the petitioner to deposit cash security of Rs.50,000/- is not having any reasonable cause and further the sureties with solvency certificate for sum of Rs.1,00,000/- is directly a falls 2/4
within the definition of onerous condition. Hence, this Court is inclined to modify the conditions imposed on the petitioner in Crl.M.P.No.51 of 2025, dated 31.10.2025.
6. Accordingly, the condition imposed on the petitioner in Crl.M.P.No.51 of 2025, dated 31.10.2025 is modified and the same is read as follows follows:
(1) Condition No.1 "that the petitioner shall deposit cash security of Rs.50,000/- in S.C.No.509 of 2024 under criminal Court deposit" is deleted.
(2) As far as Condition No.2 is concerned, the petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate No.II, Ponneri. It is made clear that the other conditions imposed on the petitioner in Crl.M.P.No.51 of 2025, dated 31.10.2025, shall remain unaltered. It is needless to state that, production of solvency certificate shall not be demanded.
16.12.2025 ssi K.RAJASEKAR, J.
ssi To 1.The Judicial Magistrate No.II, Ponneri.
2.The IV Additional District and Sessions Judge, Thiruvallur at Ponneri. 3.The Inspector of Police, Sholavaram Police Station. 4.The Public Prosecutor, High Court of Madras. 3/4
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