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Madras High CourtCRL OP(MD)/10825/2025allowed

Rajagopal v. The State Of Tamil Nadu

2025-06-27Honourable Mr Justice P.Vadamalai4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 27/06/2025 PRESENT The HONOURABLE MR. JUSTICE P. VADAMALAI

1. Rajagopal, S/o.Sundaramoorthy,

2. Rajkumar, S/o.Rajapandi ... Petitioners/Petitioners Vs The State of Tamil Nadu, Rep by the Inspector of Police, M.Pudupatti Police Station, Virudhunagar District.

Crime No.129/2025.

... Respondent/Complainant For Petitioners :

Mr.M.Karuppasamy Advocate.

For Respondent :

Mr.M.Karunanithi, Government Advocate (Crl.Side) PETITION FOR MODIFICATION Under Sec.528 of BNSS PRAYER :- To modify the condition No.1 alone imposed in Crl.MP.No.1858 of 2025 dated 04.06.2025 on the file of the learned Principal District and Sessions Judge, 1/4

Virudhunagar District.

ORDER : The Court Made the following order :- This petition has been filed to modify the condition No.1 imposed in Crl.MP.No.1858 of 2025 dated 04.06.2025 on the file of the learned Principal District and Sessions Judge, Virudhunagar District.

2. The learned counsel for the petitioners would submit that these petitioners were arrested on 25.05.2025. These petitioners have filed a bail application before the learned Principal District and Sessions Judge, Virudhunagar District at Srivilliputhur and the Trial Court granted bail to the petitioners by an order dated 04.06.2025 with certain conditions. The said condition No.1 is as follows : ''1) The Petitioners shall pay a sum of Rs.2,00,000/- (Rupees Two Laksh Only) in the Bank Account namely Sharmila Banu.S. W/o.Sirajdeen - Account No.444902010009961- Union Bank of India, Vilachery Branch, IFSC No.UBIN 0544493. ''

3. He further submits that the petitioners are the sole bread winner of their respective families. The petitioners are finding much difficulty in comply the said condition No.1. In this case, there are totally five accused, the trial Court simply imposed the condition No.1 directing these petitioners alone to deposit the entire damage amount of Rs.2,00,000/- in the account of the wife of the defacto2/4

complainant. Hence, the petitioners seek indulgence of this court by modifying the said condition imposed against them. Hence, he prays for modification of the said condition.

4. The learned Government Advocate (Crl.side) appearing for the respondent has not raised any objection to allow this Criminal Original Petition.

5. Considering the submissions made by the learned Counsel for the Petitioner and being satisfied with the reasons stated above, this Court is inclined to modify the Condition No.(1) in the order made in Crl.MP.No.1858 of 2025 dated 04.06.2025. Accordingly, Condition No.(1) is modified as ''(1). The Petitioners shall pay a sum of Rs.1,00,000/- (Rupees one Lakh Only) i.e., each Rs.50,000/- in the Bank Account namely Sharmila Banu.S. W/o.Sirajdeen - Account No.444902010009961- Unioin Bank of India, Vilachery Branch, IFSC No.UBIN 0544493. ''''. The other conditions shall remain unaltered.

6. With the above said modification, this Criminal Original Petition is allowed. sd/- 27/06/2025 / 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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GVN TO 1 THE PRINCIPAL DISTRICT AND SESSIONS JUDGE, SRIVILLIPUTHUR , VIRUDHUNAGAR DISTRICT.

2 THE SUPERINTENDENT, DISTRICT JAIL, VIRUDHUNAGAR DISTRICT.

3 THE INSPECTOR OF POLICE, M.PUDUPATTI POLICE STATION, VIRUDHUNAGAR DISTRICT.

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

ORDER

IN CRL OP(MD) No.10825 of 2025 Date :27/06/2025 NM/08.07.2025/ 4P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4