U. Premkumar Vs State of Tamil Nadu

Prayer: Criminal Miscellaneous petition is filed under Section 528 of BNSS to relax the condition imposed on the 1^st petitioner/Accused No.2 and 2^nd petitioner/Accused No.3 to relax the condition to deposit the sum of Rs.2,50,000/- each (Totally Rupees Seven Lakhs and Fifty Thousand only) before the Hon'ble Judicial Magistrate Court No.I, Erode in Cr. No.479 of 2023 on the file of the North Police Station, Erode imposed by the Principal District and Sessions Judge, Erode while granting anticipatory bail on 12.01.2024 by way of common order in Crl.MP. No.4646 of 2023 and Crl.M.P. No.4647 of 2023.

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For Petitioner(s): Mr.M.Ramamoorthi

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For Respondent(s): Ms.R.S.Indra, Government Advocate (Crl.Side)

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

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ORDER

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This petition has been filed seeking to relax the condition imposed on the 1^st petitioner/Accused No.2 and 2^nd petitioner/Accused No.3 to relax the condition to deposit the sum of Rs.2,50,000/- each (Totally Rupees Seven Lakhs and Fifty Thousand only) before the Hon'ble Judicial Magistrate Court No.I, Erode in Cr. No.479 of 2023 on the file of the North Police Station, Erode imposed by the Principal District and Sessions Judge, Erode while granting anticipatory bail on 12.01.2024 by way of common order in Crl.MP. No.4646 of 2023 and Crl.M.P. No.4647 of 2023.

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In this regard, the learned counsel for the petitioners relied on the judgment of the Hon'ble Supreme Court in Special Leave Petition (Criminal) Diary No.4297 of 2026, dated 03.02.2026 and prays for relaxation of the conditions imposed on the petitioners.

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However, on perusal of the bail order dated 12.01.2024, the anticipatory bail granted in the following manner:- "In the result, (a) that anticipatory bail is granted to the petitioners/A1 to A3 in the event of their arrest by the respondent police or on their surrender before the learned Judicial Magistrate No.I, Erode, on or before 29.01.2024, failing which this anticipatory

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

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bail shall stand cancelled and the petitioners/A1 to A3 are ordered to be enlarged on bail on their executing a bond for a sum of Rs.10,000/- each with two sureties for the like sum each to the satisfaction of the learned Judicial Magistrate No.I, Erode..." it is seen that it is a self-working order and that the order would automatically stand cancelled as the petitioners had not surrendered before the Judicial Magistrate No.I, Erode, on 29.01.2024.

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Therefore, this Court is of the firm view that, since the very

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application itself stands dismissed in view of the conditions stipulated therein, nothing can be adjudicated in the present petition. Hence, this application is liable to be dismissed.

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