Jegankumar v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 07/07/2025 PRESENT THE HONOURABLE MR. JUSTICE P. VADAMALAI in CRL OP(MD).No.2440 of 2025 Jegankumar, S/o.Balamurugan, ... Petitioner/Accused-1 Vs The State of Tamil Nadu, Rep by the Inspector of Police, Elayirampannai Police Station, Virudhunagar District.

Crime No.33/2025.

... Respondent/Complainant For Petitioner : Mr.N.Mariappan Advocate.

For Respondent : Mr.S.Prakash Government Advocate (Crl.Side) PETITION FOR MODIFICATION Under Sec.528 of BNSS 1/4

PRAYER :- To modify the condition No.7(ii) imposed in Crl.OP(MD).No.2440 of 2025 dated 24.02.2025.

ORDER : The Court Made the following order :- This petition has been filed to modify the condition No.7(ii) imposed in Crl.OP (MD).No.2440 of 2025 dated 24.02.2025.

2. The learned Counsel for the petitioner would submit that this petitioner and other Accused No.2 have filed an anticipatory bail petition before this Court on 05.02.2025 in Crl.OP.(MD).No.2440 of 2025. The said anticipatory bail petition was heard and on 24.02.2025, this Hon'ble Court was pleased to grant anticipatory bail to the petitioners with certain conditions. In the said bail order, Condition No.7(ii) as follows:

''(ii). The petitioners shall, jointly and severally, deposit a sum of Rs.3,00,000/- to the credit of Crime No.33 of 2025, before the Judicial Magistrate No.I, Sattur;''

3. He further submits that after receiving the order second accused in this case was not turned up for complying the condition No.7(ii). The second accused namely Arunapriya only received the amount from the defacto-complainant and this petitioner did not receive any such amount from the defacto-complainant. The petitioner herein is working as a daily wager and he has not able to deposit the huge amount. This petitioner is the only breadwinner of his family. Therefore, the 2/4

petitioner seeks indulgence of this court by modifying the said condition imposed against him. 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 Miscellaneous 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.7(ii) in the order made in Crl.O.P(MD).No.2440 of 2025 dated 24.02.2025. Accordingly, Condition No.7(ii) is modified as ''(ii). The first petitioner Jegankumar shall deposit a sum of Rs.1,50,000/- and the second petitioner Arunapriya shall deposit Rs.1,50,000/- to the credit of Crime No.33 of 2025, before the Judicial Magistrate No.I, Sattur;'.'' . The other conditions shall remain unaltered.

6. With the above said modification, this Criminal Miscellaneous Petition is allowed.

Sd/- 07/07/2025 // True Copy // / /2025 Sub Assistant Registrar(CS) Madurai Bench of Madras High Court, Madurai.

gvn 3/4

To

1. The Judicial Magistrate No.I, Sattur.

2. Do Through the Chief Judicial Magistrate, Virudhunagar District @ Srivilliputhur.

3.The Inspector of Police, Elayirampannai Police Station, Virudhunagar District.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.N.MARIAPPAN, Advocate ( SR-7241[I] dated 08/07/2025 )

ORDER

in in CRL OP(MD).No.2440 of 2025 Dated : 07/07/2025 SB/23.07.2025 4P/6 C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4