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Madras High CourtCRL MP(MD)/14825/2025ordered

M. Jeyaraj v. The State Of Tamil Nadu

2025-10-17Honourable Mr.Justice Shamim Ahmed6 pages

CRL MP(MD) NO. 14825 of 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17-10-2025

CORAM

THE HONOURABLE MR.JUSTICE SHAMIM AHMED CRL MP(MD) NO. 14825 of 2025 in Crl.R.C.(MD) No.822 of 2025 M. Jeyaraj S/o M.Mani, No. 151, Pasumpon Thevar Street, Ellis Nagar, TNHB colony, Madurai 625 010.

Petitioner(s) Vs The State of Tamil Nadu Rep by The Inspector of Police, Economic Offences Wing II, Madurai. Crime No. 3/2009 Respondent(s) Prayer:

To relax the conditions imposed in Crl MP.(MD). No.8757 of 2025 in Crl RC. (MD). No.822 of 2025 dated 09.07.2025 on the file of this Court. For Petitioner(s): Mr.S.Balaji For Respondent(s): Mr.A.S.Abul Kalam Azad Government Advocate

ORDER

This Criminal Miscellaneous Petition has been filed to relax the condition imposed upon the petitioner in Crl.M.P.(MD) No.8757 of 2025 in Crl.R.C.(MD) No.822 of 2025, dated 09.07.2025.

2.Heard Mr.S.Balaji, learned counsel for the petitioner and Mr.A.S.Abul Kalam Azad, learned Government Advocate for the respondent. 3.The short facts of the case, which led to filing of the Criminal Revision Case bearing Crl.R.C.(MD) No.822 of 2025, are as follows:- "i) The petitioner/first accused along with other accused persons cheated the public and committed the criminal breach of trust by establishing the institution in the name and style of 'Tamil Nadu All Producers Development Association' and collecting Lakhs of money from public. Hence, an FIR came to be registered in Crime No.3 of 2009 by the respondent Police for the offence under Sections 406, 420, 120(b) and 506(ii) IPC. The respondent police, after completing the investigation, had filed the final report against the petitioner and other accused persons for the offence under Sections 406, 420, 120(B) and 506(ii) of IPC and the case was taken on file in C.C.No.4 of 2013 by learned Chief Judicial Magistrate, Madurai.

ii) The learned trial Judge, upon considering the evidence both oral and documentary and on hearing the arguments of both the sides, has passed a judgment in C.C.No.4 of 2013, dated 25.06.2018, convicting the petitioner and sentencing him to undergo 3 years rigorous imprisonment for the offences under Section 406 of IPC, to undergo 3 years rigorous imprisonment for the offence under Section 420 of IPC and to pay a fine of Rs.10,000/-, in default, to undergo 3 months simple imprisonment.

iii) Challenging the above said conviction and sentence, the petitioner has preferred appeal in C.A.No.68 of 2018 on the file of the IV Additional District and Sessions Judge, Madurai. The learned IV Additional District and Sessions Judge, Madurai, by confirming the conviction and sentence, dismissed the appeal. Challenging the same, the petitioner has preferred the Criminal Revision Case.

4.The Co-ordinate Bench of this Court, while admitting the Criminal Revision Case, vide order dated 09.07.2025, had ordered suspension of sentence in Crl.M.P.(MD) No.8757 of 2025 in Crl.R.C.(MD) No.822 of 2025, with the following directions:- "(i) the petitioner is directed to be enlarged on bail on him executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for a like sum to the satisfaction of the learned Chief Judicial Magistrate, Madurai;

(ii) The sureties shall affix their photographs and Left Thumb Impression in the surety bond and the trial Court may obtain a copy of their Aadhar card or Bank Pass Book to ensure their identity; and (iii) the petitioner shall appear before the Trial Court at 10.30 a.m. on all working days until further orders."

5.Today, when the matter is being taken up, Mr.S.Balaji, learned counsel for the petitioner submits that the petitioner has been complying with the conditions imposed in Crl.M.P.(MD) No.8757 of 2025 in Crl.R.C.(MD) No.822 of 2025, dated 09.07.2025,

without fail. It was further submitted that the petitioner has been affected with several old age ailments. Thus, the learned counsel for the petitioner prays this Court that the condition No.(iii) of the order dated 09.07.2025 passed in Crl.M.P.(MD) No.8757 of 2025 in Crl.R.C.(MD) No.822 of 2025 imposed on the petitioner may be relaxed and the petitioner may be directed to appear before the Chief Judicial Magistrate Court, Madurai, once in a month.

6.Mr.A.K.Abul Kalam Azad, learned Government Advocate for the respondent submits that the petitioner has been complying with the conditions imposed in Crl.M.P. (MD) No.8757 of 2025 in Crl.R.C.(MD) No.822 of 2025, dated 09.07.2025 regularly. However, he submits that the conditions imposed in Crl.M.P.(MD) No.8757 of 2025 in Crl.R.C.(MD) No.822 of 2025, dated 09.07.2025, are justified and made objection for relaxing the condition No.(iii) of the order dated 09.07.2025. 7.Accordingly, after considering the arguments as advanced by the learned counsel for the parties and after perusal of the order passed by the Co-ordinate Bench of this Court in Crl.M.P.(MD) No.8757 of 2025 in Crl.R.C.(MD) No.822 of 2025, dated 09.07.2025 and after perusal of the affidavit filed by the petitioner in support of the prayer made for relaxation of condition No.(iii) of the order dated 09.07.2025, this Court is inclined to relax the condition No.(iii) of the order dated 09.07.2025 passed in Crl.M.P. (MD) No.8757 of 2025 in Crl.R.C.(MD) No.822 of 2025 as follows:-

"The petitioner shall appear before the Chief Judicial Magistrate Court, Madurai, once in a month commencing from November, 2025., ie., on the first working day of Every English Calendar month at 10.30 a.m., until further orders."

Rest of the conditions imposed in Crl.M.P.(MD) No.8757 of 2025 in Crl.R.C.(MD) No.822 of 2025, dated 09.07.2025 are unaltered. 8.With the above modification, this Criminal Miscellaneous Petition is finally disposed of.

17-10-2025 mm To 1.The IV Additional District and Sessions Judge, Madurai. 2.The Chief Judicial Magistrate, Madurai.

3.The Inspector of Police, Economic Offences Wing II, Madurai.

SHAMIM AHMED, J.

mm CRL MP(MD) NO. 14825 of 2025 in Crl.R.C.(MD) No.822 of 2025 17.10.2025