Manikandan v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.04.2025

CORAM:

THE HONOURABLE MR.JUSTICE R.SAKTHIVEL Manikandan ... Petitioner / Accused Vs.

State represented by the Inspector of Police, (*)Thiruthangal Police Station, Virudhunagar District.

Crime No.104 of 2015

...Respondent / Complainant

PRAYER: Criminal Original Petition is filed under Section 528 r/w 483(1)(b) of BNSS, 2023 to call for the records pertaining to the order passed in Crl.M.P.No.1094 of 2025 dated 28.03.2025 and to set aside the same and modify Condition No.1 made in Crl.M.P.No.837 of 2025 on the file of the learned Principal and Sessions Judge, Srivilliputhur, dated 07.03.2025.

For Petitioner : Mr.M.Ananthkumar For Respondent : Mr.S.S.Manoj, Government Advocate (Criminal Side)

ORDER

This Petition has been filed under Section 528 r/w 483(1)(b) of BNSS, 2023 1/4

seeking to set aside the order passed in Crl.M.P.No.1094 of 2025 dated 28.03.2025 and to modify Condition (i) made in Crl.M.P.No.837 of 2025 on the file of the learned Principal and Sessions Judge, Srivilliputhur, dated 07.03.2025.

2. Mr.M.Ananthakumar, learned counsel appearing for the petitioner, submits that the petitioner was arrested on 20.02.2025 and filed a bail application in Crl.M.P.No.837 of 2025 before the learned Principal and Sessions Judge, Virudhunagar District at Srivilliputhur. The said application was allowed on 07.03.2025. However, the learned Principal and Sessions Judge imposed a condition that the petitioner should deposit a sum of Rs.6,64,480/- (Rupees Six Lakhs SixtyFour Thousand Four Hundred and Eighty only) as per the order in Crl.M.P.No.837 of 2025, dated 07.03.2025. Thereafter, the petitioner filed a modification petition in Crl.M.P.No.1094 of 2025 before the learned Principal District and Sessions Judge, Virudhunagar District, seeking reduction of the amount directed by the lower Court. However, the said petition was dismissed on 28.03.

2025. Hence, the petitioner has filed the present petition before this Court seeking modification of the said condition. He further submits that the petitioner is a poor man and is unable to mobilize the required funds. He also submits that the learned Principal and Sessions Judge, without properly appreciating the documents produced by the petitioner, dismissed the modification petition.

to deposit a sum of Rs.5,00,000/- (Rupees Five Lakhs only). Accordingly, he prays for modification of condition (i) imposed in Crl.M.P.No.837 of 2025, dated 07.03.2025.

3. Mr.S.S.Manoj, learned Government Advocate (Criminal Side) appearing for the respondent-Police has no objection to modify the condition imposed on the petitioner by the lower Court.

4. Heard on both sides. This Court has perused the records.

5. In view of the facts and circumstances of the case and in the interest of justice, this Court is inclined to modify the condition (i) imposed by the Court below, as hereunder:

"The petitioner shall deposit a sum of Rs.5,00,000/-(Rupees Five Lakhs only) in Crime No.104 of 2015 of (*)Thiruthangal Police Station before the learned Judicial Magistrate II, Sivakasi."

The other conditions shall hold good.

6. Accordingly, the Criminal Original Petition stands allowed. sd/- 25/04/2025 (*)Amended as per order of the Court dated 06/06/2025 in CRL MP(MD).6880 OF 2025 in CRL OP(MD).7022 of 2025 by RNMJ.

/ TRUE COPY / /06/2025 Sub-Assistant Registrar (C.S.-I/ II /III/ IV) Madurai Bench of Madras High Court, Madurai - 625 023.

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TSG To TO BE SUBSTITUTED WITH THE ORDER DATED 25/04/2025 ALREADY DESPATCHED 1.The Principal and Sessions Judge, Virudhunagar District at Srivilliputhur. 2.The Judicial Magistrate II, Sivakasi.

3.Do through The Chief Judicial Magistrate, Virudhunagar District at Srivilliputhur. 4.The Inspector of Police, Srivilliputhur Town Police Station, Dindigul. 5.The Inspector of Police, Thiruthangal Police Station, Virudhunagar District. 6.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.M.ANANTHKUMAR, Advocate ( SR-5990[I] dated 06/06/2025 )

ORDER

IN CRL OP(MD) No.7022 of 2025 Date :25/04/2025 NBF/SAR/ (29/04/2025) 4P/7C SS/SAR/ (13/06/2025) 4P/8C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4