Madras High CourtCRL OP(MD)/217/2025disposed of

Kanaga Dhurga @ Muniyammal v. The State Of Tamil Nadu

2025-01-08Honourable Mr Justice N. Anand Venkatesh3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.01.2025 COROM THE HON'BLE MR.JUSTICE N.ANAND VENKATESH Kanaga Dhurga @ Muniyammal ... Petitioner / Accused No.1 Vs.

The State rep by, The Sub-Inspector of Police, DCB Police Station, Theni District.

(Crime No.10 of 2024 ) ... Respondent/Complainant PRAYER: Criminal Original Petition filed under Section 483(1)(b) of BNSS praying that in the circumstances stated therein and in the petition filed therewith the High Court may be pleased to modify the condition (i) imposed by the Learned Judicial Magistrate Court, Theni in Cr.M.P.(MD). No. 7811 of 2024 dated 02.12.2024 and thus render justice.

For Petitioner :

Mr.SMA.Jinnah For Respondent :

Mr.A.Albert James, Government Advocate (Crl. Side)

ORDER

This petition has been filed seeking for modification of the condition (i) that was imposed by the Court below while granting statutory bail to the petitioner, 1/3

wherein, the petitioner was directed to deposit a sum of Rs.40,00,000/- in fixed deposit and to renew with the same till the disposal of the case.

2. Heard the learned counsel on either side and perused the materials available on record.

3. In the considered view of this Court, when statutory bail is granted to the accused person, no such onerous condition can be imposed and the law on this issue is too well settled. Therefore, this Court is inclined to interfere with the condition (i) imposed by the Court below and the same is hereby set aside. The other conditions imposed by the Court below shall stand as it is.

4. This Criminal Original Petition is disposed of in the above directions. sd/- 08/01/2025 / TRUE COPY / 08/01/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

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PAL TO 1 THE JUDICIAL MAGISTRATE, THENI.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THENI DISTRICT.

3 THE SUB-INSPECTOR OF POLICE, DCB POLICE STATION, THENI DISTRICT.

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

+1 CC to M/s.S.M.A.JINNAH, Advocate ( SR-229[I] dated 08/01/2025 )

ORDER

IN CRL OP(MD) No.217 of 2025 Date :08/01/2025 SA/SAR. /08.01.2025/3P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 3/3