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Madras High CourtCRL OP(MD)/19702/2025disposed of

S.Rex Micheal v. The State Of Tamilnadu Rep.By,

2025-11-12Honourable Mr Justice Sunder Mohan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.11.2025

CORAM

THE HONOURABLE MR.JUSTICE SUNDER MOHAN Crl.O.P.(MD).No.19702 of 2025 S.Rex Micheal ... Petitioner /7th Accused Vs.

1.The State of Tamilnadu, represented by the Inspector of Police, K.Pudur Police Station, Madurai District.

(Cr.No.195 of 2023).

2.B.Naganandhini

...Respondents/Complainants

Prayer : Criminal Original Petition filed under Section 528 of BNSS, 2023, to set aside the order, dated 17.03.2025 passed in Cr.M.P.No.1260 of 2025 in Cr.No.195 of 2023 on the file of the learned Judicial Magistrate No.VI, Madurai District and consequently modify the same by permitting the petitioner to renew his passport on reasonable terms by executing a reasonable bond or surety without insisting upon production of title deeds. For Petitioner : Mr.J.Bharathiveerakumar For Respondent : Mr.R.M.Anbunithi Additional Public Prosecutor 1/4

ORDER

The petitioner seeks to set aside the order, dated 17.03.2025 passed in Cr.M.P.No.1260 of 2025 in Cr.No.195 of 2023 on the file of the learned Judicial Magistrate No.VI, Madurai District, directing the petitioner to execute a bond for Rs.10,00,000/- (Rupees Ten Lakhs only) and produce any title deeds of property standing in his name for the value of Rs.10,00,000 to permit him to renew his passport.

2. The learned counsel for the petitioner would submit that the petitioner is facing prosecution for the offence under Section 364(A) of IPC; that the prayer sought for by him is only for renewal of the passport; that he would not leave the country without permission of the Court; and that he would surrender the renewed passport before the trial Court.

3. The learned Magistrate, while permitting the petitioner to renew his passport inter alia imposed the following condition: (i) The petitioner is directed to execute bond for Rs.10,00,000/- and produce any original title deed of property standing in his name or his spouse or children for the value of Rs.10,00,000/- that he shall appear for all the 2/4

hearings in this case as and when required.

4. Heard the learned Additional Public Prosecutor.

5. This Court is of the view that the above condition imposed by the learned Judicial Magistrate VI, Madurai, is onerous and therefore, liable to be set aside. The petitioner may instead execute a bond for Rs.1,00,000/- with two sureties for a like sum. The other conditions, which were imposed by the learned Magistrate, shall remain unaltered.

6. The petitioner shall surrender the renewed passport before the learned Magistrate. If the petitioner fails to surrender the renewed passport as soon as it is obtained, it is open to the respondents to move for cancellation of the petitioner's bail.

7. With the above directions, this Criminal Original Petition is disposed of.

12.11.2025 NCC : Yes / No Index : Yes / No Internet : Yes/ No Indu 3/4

SUNDER MOHAN, J.

Indu To 1.The Inspector of Police, K.Pudur Police Station, Madurai District.

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

Crl.O.P(MD).No.19702 of 2025 12.11.2025 4/4