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Madras High CourtCRL OP(MD)/9593/2025allowed

M.Raja v. The State Of Tamilnadu

2025-06-19Honourable Mr Justice P.Vadamalai3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 19/06/2025 PRESENT The HONOURABLE MR. JUSTICE P. VADAMALAI M.Raja, S/o.Muruganandam, 69, Kamarajar Salai, East Gate, Madurai - 625 009.

... Petitioner/Accused Vs.

The State of Tamilnadu, Rep by the Inspector of Police, Cyber Crime Police Station, Theni District.

Crime No.26 of 2024..

... Respondent/Complainant For Petitioner : M/s.J.Vasanthi, Advocate.

For Respondent : Mr.M.Karunanithi, Government Advocate (Crl.Side) PRAYER :- To modified the condition(i) imposed against the petitioner in Crl.M.P.No.94 of 2025 dated 21.02.2025 on the file of the Judicial Magistrate, Theni , pending disposal of Criminal Original Petition. ORDER : The Court made the following order :- This petition has been filed to relax the condition (i) imposed on the petitioner in Crl.M.P.No. 94 of 2025 dated 21.02.2025 on the file of the Judicial Magistrate, Theni.

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2. The learned counsel for the petitioner submitted that the learned Judicial Magistrate, Theni, had granted bail to the petitioner with a condition to deposit a sum of Rs.2,00,000/- in Crime No.26 of 2024 and the same may be deposited as Fixed Deposit and may be released as per the direction of the superior court. Only because of the said condition the petitioner is unable to release from judicial custody, even after the bail has been granted to him. He further submitted that the petitioner is very poor and mother is half blind woman and he is the only bredwinner of the family. Considering the pathetic situation of the petitioner, the condition(i) imposed by the learned Judicial Magistrate, Theni, may be modified. This petitioner is ready and willing to deposit some amount that may be fixed by this Court. He prays for relaxation of the said condition.

3. The learned Government Advocate (Crl.Side) would objects that if the condition is modified, there is a likelihood of the petitioner committing further offences in future. Hence, he prayed to dismiss the present petition.

4. Considering the nature of offence and considering the fact that the petitioner is in judicial custody from 20.11.2024, the condition (i) imposed by the Judicial Magistrate, Theni is onerous, therefore, this Court is inclined to modify the condition (i) imposed by the learned Judicial Magistrate, Theni. Accordingly, the condition No. (i) is modified as ''the petitioner shall deposit a sum of Rs.50,000/- (Rupees Fifty 2/3

Thousand only) to the credit of Crime No.26 of 2024 and the same may be deposited as Fixed Deposit, the entitlement of the said amount will be decided at the time of passing final orders'', all other conditions shall remain unaltered.

5. With the above said modification, this Criminal Original Petition is allowed. sd/- 19/06/2025 / TRUE COPY / 20/06/2025 Sub-Assistant Registrar Madurai Bench of Madras High Court, Madurai - 625 023.

LS TO 1 THE JUDICIAL MAGISTRATE, THENI.

2 THE INSPECTOR OF POLICE, CYBER CRIME POLICE STATION, THENI DISTRICT.

3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CRL OP(MD) No.9593 of 2025 Date :19/06/2025 SA/SAR. /20.06.2025/3P/4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 3/3