Madras High CourtCRL MP(MD)/6943/2025allowed

S. Ramesh v. The State Of Tamilnadu

2025-06-19Honourable Mr Justice P.Vadamalai5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT, MADURAI ( Criminal Jurisdiction ) Date : 19/06/2025 PRESENT The HONOURABLE MR. JUSTICE P. VADAMALAI in CRL OP(MD). No.7343 of 2025 S. Ramesh, C/o.Sankaran, No.11/65 A, Perumal South Street, Gangaikondan, Tirunelveli District.

... Petitioner/Accused Vs.

The State of Tamilnadu, Rep By,The Inspector of Police, Gangaikondan Police Station, Tirunelveli District.

Cr.No.222/2025.

... Respondent/Complainant For Petitioner : Mr.K.Karansingh, Advocate.

For Respondent : Mr.S.Prakash, Government Advocate (Crl.Side) PETITION FOR MODIFICATION Under Sec.528 BNSS PRAYER :- . To modify the condition imposed in Crl.O.P.(MD). No. 7343 of 2025 vide order dated 23.04.2025 para No. (iii) the petitioner shall deposit a sum of Rs. 1/5

50,000/- (Rupees Fifty thousand only) to the credit of the Crime No. 222 of 2025 on the file of the respondent police, before the learned Judicial Magistrate No.III, Tirunelveli, within a period of twenty days from the date on which the order copy is made ready.

ORDER : The Court Made the following order :- This petition has been filed to modify the condition No.7(iii) imposed in Crl.OP(MD).No.7343 of 2025 dated 23.04.2025.

2. The learned counsel for the petitioner would submit that the petitioner is the accused in Crime No.222 of 2025, he filed an anticipatory bail application before this Court on 21.04.2025 in Crl.OP.(MD).No.7343 of 2025. The said anticipatory bail petition was heard and ordered on 23.04.2025, this Court was pleased to grant anticipatory bail to the petitioner with certain conditions. In the said bail order, Condition No.7(iii) is as follows:

''7(iii). The petitioner shall deposit a sum of Rs.50,000/- (Rupees Fifty Thousandonly) to the credit of the Crime No.222 of 2025 on the file of the respondent-police,before the learned Judicial Magistrate No.III, Tirunelveli, within a period of twentydays from the date on which the order copy is made ready. In turn, the learned Judicial Magistrate shall deposit the said amount in an interest bearing Fixed Deposit in any nationalized Bank initially for a period of one year and renew them periodically until the final order / judgment is passed in the case in Crime No.222 of 2025. The Trial Court shall decide the entitlement 2/5

to the deposit amount at the time of passing the final order or judgment''.

3. He further submits that co-accused were already granted bail and this Court by directing the said accused to deposit a sum of Rs.10,000/- each to the credit of the Crime No.222 of 2025, before the learned Judicial Magistrate No.III, Tirunelveli. He further submits that this petitioner has been directed to deposit a sum of Rs.50,000/- (Rupees Fifty Thousandonly) and it is very difficult for the petitioner for complying the condition. Hence, he prays for modification of the said condition No.7(iii).

4. The learned Government Advocate (Crl.side) appearing for the respondent objects that in this case, the value of damage is about Rs.90,000/- (Rupees Ninety Thousand only) and prays for dismissal of this Criminal Miscellaneous Petition.

5. Considering the facts and circumstances of the case and considering submissions made by the learned Counsel for the Petitioner and being satisfied with the reasons stated in the accompanying affidavit, this Court is inclined to modify the Condition No.7(iii) imposed in the order made in Crl.O.P(MD).No.7343 of 2025 dated 23.04.2025. Accordingly, Condition No.7(iii) is modified as ''7(iii). The petitioner shall deposit a sum of Rs.10,000/- (Rupees Ten 3/5

Thousandonly) to the credit of the Crime No.222 of 2025 on the file of the respondentpolice,before the learned Judicial Magistrate No.III, Tirunelveli, within a period of twentydays from the date on which the order copy is made ready. In turn, the learned Judicial Magistrate shall deposit the said amount in an interest bearing Fixed Deposit in any nationalized Bank initially for a period of one year and renew them periodically until the final order / judgment is passed in the case in Crime No.222 of 2025. The Trial Court shall decide the entitlement to the deposit amount at the time of passing the final order or judgment .''

6. The other conditions shall remain unaltered. As per the request of the learned Counsel for the petitioner, further period of two weeks is granted in complying the conditions, from the date of receipt of a copy of this order.

7. With the above said modifications, this Criminal Miscellaneous Petition is allowed.

sd/- 19/06/2025 / 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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LS TO 1 THE JUDICIAL MAGISTRATE NO.III, TIRUNELVELI 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI.

3 THE INSPECTOR OF POLICE, GANGAIKONDAN POLICE STATION, TIRUNELVELI DISTRICT.

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

+1. C.C. to K.KARANSINGH Advocate SR.No.6621 (I) DT.20/06/2025

ORDER

IN CRL MP(MD) No.6943 of 2025 IN CRL OP(MD) No.7343 of 2025 Date :19/06/2025 NM/02.07.2025/ 5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5