Deivigamohan @ Vetrivel Vs The State of Tamil Nadu

PRAYER: Criminal Original Petition filed under Section 483(1)(b) r/w 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to modify the condition in para no.5 stipulated in Crl.M.P.No.1241 of 2025 on the file of the learned Principal Sessions Judge, Theni dated 19.06.2025.

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For Petitioners : M/s.S.Prabha, Advocate

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For Respondent : Mr.S.Prakash, Government Advocate (Criminal Side)

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https://www.mhc.tn.gov.in/judis

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ORDER

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CRL.OP(MD). No.11219 of 2025

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This petition has been filed seeking for modification of the condition in para no.5 stipulated in Crl.M.P.No.1241 of 2025 on the file of the learned Principal Sessions Judge, Theni, dated 19.06.2025.

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The learned counsel would submit that the petitioner has been arrayed as A4 in the present case, whereas the main accused persons, A1 to A3, are said to have swindled the entire amount belonging to the defacto complainant. The petitioner had approached the Legal Aid Counsel for obtaining bail. Though he was granted statutory bail, he has been unable to comply with the condition of depositing a sum of Rs.10,00,000/-, and therefore, he continues to remain in custody. Unless the said condition is modified, the petitioner will be subjected to serious loss and hardship. In support of his arguments, he relied on the judgment of the Hon'ble Supreme Court of India in Saravanan vs. State represented by the Inspector of Police in Criminal Appeal Nos. 681 and 682 of 2020.

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Heard the learned counsel on both sides and perused the materials available on record.

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https://www.mhc.tn.gov.in/judis

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CRL.OP(MD). No.11219 of 2025

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Considering the nature of the offence, the fact that the petitioner is still in custody, and also taking into account the judgment of the Hon'ble Supreme Court cited supra, this Court is of the view that the condition in para no.5 stipulated by the Court below is onerous. Accordingly, the condition in para no.5 imposed by the Court below in Crl.M.P.No.1241 of 2025 dated 19.06.2025, i.e., “the petitioner is directed to deposit Rs.10,00,000/-”, is hereby setaside. The other conditions imposed by the Court below shall stand as it is.

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