Madras High CourtCRL OP(MD)/1547/2025disposed of

Bhugeeswaran v. The State Of Tamil Nadu

2025-01-28Honourable Mr Justice N. Anand Venkatesh4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.01.2025

CORAM:

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.(MD) No.1547 of 2025 Bhugeeswaran ... Petitioner Vs.

The State represented by the Inspector of Police, District Crime Branch, Theni District.

Crime No.7 of 2024

...Respondent

PRAYER: Criminal Original Petition is filed under Section 528 r/w. 483 (i)(b) of BNSS Act, 2023, to modify the condition No.(i) as to deposit a sum of Rs.20,00,000/- in fixed deposit of the trial Court in Crime No.7 of 2024 imposed by the learned Principal and District Judge in Crl.M.P.No. 3086 of 2024, dated 27.11.2024.

For Petitioner : Mr.S.Muniyandi For Respondent : Mr.A.Albert James, Government Advocate (Criminal Side) O RDER This Petition has been filed seeking for the modification of Condition No.(i) imposed by the Court below directing the petitioner to 1/4

deposit a sum of Rs.20,00,000/- in the Fixed Deposit in the account of Crime No.7 of 2024 before the trial Court.

2. Heard the learned counsel on either side.

3. The petitioner, who was arrested on 17.08.2024, filed an application seeking for bail in Crl.M.P.No.7544 of 2024. The learned Judicial Magistrate, Theni, passed an order dated 23.10.2024 enlarging the petitioner on bail by imposing a condition that the petitioner should deposit a sum of Rs.30,00,000/- in the Fixed Deposit before the trial Court. The petitioner was not able to comply with this condition. Hence, the petitioner filed Crl.M.P.No.3086 of 2024 before the learned Principal and District Judge, Theni. The learned Principal and District Judge considering the facts of the case reduced the deposit amount and directed the petitioner to deposit a sum of Rs.20,00,000/- in the Fixed Deposit before the trial Court. The petitioner is not in a position to arrange for this money also and hence, the present petition has been filed before this Court seeking for modification.

4. The learned Government Advocate (Criminal Side) appearing for the respondent Police submitted that the investigation is still pending. 2/4

5. In view of the same, it is not necessary for this Court to go into the condition imposed by the Court below and the petitioner will be entitled for statutory bail. Hence, the condition imposed by both the Courts below directed the petitioner to deposit money is hereby set aside and the other conditions imposed by the Court below shall stand as it is.

5. This Criminal Original petition stands disposed of in the above terms.

28.01.2025 Index : Yes/No Internet : Yes/No TSG Note : Issue Order Copy by 28.01.2025 To 1.The Principal District and Sessions Court, Theni. 2.The Inspector of Police, District Crime Branch, Theni District.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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N.ANAND VENKATESH. J.

TSG 28.01.2025 4/4