Selvarani v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 25/06/2025 PRESENT The HONOURABLE MR. JUSTICE P. VADAMALAI in CRL OP(MD).No.2701 of 2025 S.Selvarani, W/o.Seenivasan ... Petitioner/Petitioner Vs The State of Tamil Nadu, Rep by the Inspector of Police, District Crime Branch Police Station, Ramanathapuram District.

Crime No.17 of 2024.

... Respondent/Complainant For Petitioner : Mr.K.Sudalaiyandi Advocate.

For Respondent : Mr.M.Karunanithi, Government Advocate (Crl.Side) PETITION FOR MODIFICATION Under Sec.528 of BNSS PRAYER :- To modify the condition imposed in Crl.OP(MD).No.2701 of 2025 dated 11.03.2025 .

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ORDER : The Court Made the following order :- This petition has been filed to modify the condition imposed in Crl.OP(MD). No.2701 of 2025 dated 11.03.2025.

2. The learned counsel for the petitioner would submit that the petitioner is the accused in Crime No.17 of 2024, she filed an anticipatory bail application before this Court on 10.02.2025 in Crl.OP.(MD).No.2701 of 2025. The said anticipatory bail petition was heard and ordered on 11.03.2025, this Hon'ble Court was pleased to grant anticipatory bail to the petitioner with certain conditions. In the said anticipatory bail order, Conditions are as follows: ''(i) The petitioner shall be released on pre-arrest bail in the event of her arrest or in the event of her surrender before the learned Judicial Magistrate No.II, Ramanathapuram District, within a period of 15 days from the date on which the order copy is made ready, on executing a bond for a sum of Rs.

25,000/- (Rupees Twenty Five Thousand only) along with two sureties each for a like sum of Rs.25,000/- (Rupees Twenty Five Thousand only) to the satisfaction of the learned Judicial Magistrate No.II, Ramanathapuram District. (iii) The petitioner shall deposit a sum of Rs.10,00,000/- (Rupees Ten Lakhs only) to the credit of the Crime No.17 of 2024 on the file of the respondent-police, before the learned Judicial Magistrate No.II, Ramanathapuram District., within a period of two months 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.17 of 2024.''

3. He further submits that the financial position of the petitioner is very poor and she is not able to arrange and deposit the amount of Rs.10,00,000/-. Now, the petitioner has filed this present petition and she prays for modification of the said condition.

4. The learned Government Advocate (Crl.Side) appearing for the respondent would submit that the petitioner cheated Rs.86,00,000/- from the defactocomplainant. Further, in the earlier anticipatory bail petition, this petitioner undertakes to deposit Rs.10,00,000/-, only based on the undertaking given by the petitioner, the said deposit condition has been imposed to the petitioner. In the present petition, there is no valid reason to modify the above said conditions. Accordingly, he raised objection to allow this Criminal Miscellaneous Petition.

5. Considering the fact that only based on the undertaking given by the petitioner at the time of allowing the anticipatory bail, the said deposit condition has been imposed to the petitioner. Now, without any valid reason or grounds, the petitioner filed the present modification petition seeking to modify the said conditions. Therefore, this court is of the view that the reasons stated in the present modification petition is not satisfactory.

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6. Accordingly, this Criminal Miscellaneous petition is dismissed. sd/- 25/06/2025 / TRUE COPY / /06/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

GVN TO 1 THE JUDICIAL MAGISTRATE NO.II, RAMANATHAPURAM.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, RAMANATHAPURAM DISTRICT.

3 THE INSPECTOR OF POLICE, DISTRICT CRIME BRANCH POLICE STATION, RAMANATHAPURAM DISTRICT.

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

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ORDER

IN CRL MP(MD) No.7903 of 2025 IN CRL OP(MD) No.2701 of 2025 Date :25/06/2025 NM/09.07.2025/ 5P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5