[Cites 1, Cited by 0]
Madras High Court
S.Malliga vs State Of Tamilnadu Rep By Inspector Of ... on 20 May, 2026
Author: R.Vijayakumar
Bench: R.Vijayakumar
CRL OP(MD). No.9798 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Dated : 20/05/2026
CORAM
THE HONOURABLE MR. JUSTICE R.VIJAYAKUMAR
CRL OP(MD). No.9798 of 2026
1. S.Malliga
2. V.Subramaniam
3. K.Muthusamy
4. P.Manikandan
5. P.Papathi
6. V.Jeyakumar
7. D.Kalpana
... Petitioners
Vs
State of Tamilnadu Rep by
Inspector of Police,, E.O.W.,
Karur District.
Crime No.2 of 2025.
... Respondent
PRAYER :-
To Modify the conditions imposed in order dated 15.05.2026 in
Cr.M.P.Mo.564 of 2025 in Cr.M.P.No.451 of 2025 on the file of the file
of the learned Special Judge under Tamil Nadu Protection of Interest of
Depositors (in Financial Establishments) Act Cases, Madurai in respect
1/6
https://www.mhc.tn.gov.in/judis
CRL OP(MD). No.9798 of 2026
of execute a bond for a sum of Rs.10,00,000/- and to furnish one third
party surety for a sum of Rs.10,00,000/- and original title deed with nil
encumbrance certificate shall be produced as security for safe custody of
the Court.
For Petitioners : Mr.J.Anandkumar
For Respondent : Mr.A.Albert James,
Government Advocate (Crl.Side)
ORDER
This Criminal Original Petition has been filed to modify the
conditions imposed by the learned Special Judge under the Tamil Nadu
Protection of Interest of Depositors (in Financial Establishments) Act
Cases, Madurai, in Crl.M.P.No.564 of 2025, dated 15.05.2026, wherein
the learned trial Judge directed the petitioners to execute a bond for a
sum of Rs.10,00,000/- and to furnish one third-party surety for a sum of
Rs.10,00,000/- along with the original title deed and Encumbrance
Certificate.
2.According to the learned counsel for the petitioners, the
petitioners are alleged to have committed offence under Sections 316(2),
318(4) and 61(2) of BNS and Section 5 of TNPID Act and they were
granted anticipatory bail by the Court below vide order in Crl.M.P.No.
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451 of 2025, dated 24.09.2025, by imposing a condition directing each of
the petitioners to deposit a sum of Rs.10,00,000/- by way of security.
3.Seeking modification of the said condition, the petitioners
have filed a modification petition in Cr.M.P.No.564 of 2025. At the time
of passing order in the modification petition, the trial Court modified the
condition to the effect that the petitioners were directed to execute a bond
for a sum of Rs.10,00,000/-. However, in the said order, an additional
condition was imposed directing the petitioners to furnish one third-party
surety for a sum of Rs.10,00,000/- and to produce original title deed to be
produced as security for the safe custody of the Court.
4.Further, the learned counsel for the petitioners submitted
that when the petitioners has sought modification of the condition
already imposed, the trial Court could not have imposed a new additional
condition. Challenging the additional condition in the modification
petition, the present petition has been filed.
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5. This Court heard both sides and perused the materials
available on record.
6. Considering the facts and circumstances of the case, this
Court is of the view that the trial Court cannot impose a new additional
condition while the petitioners were seeking modification of the
condition already imposed in the original order.
7.In view of the above, this Court is inclined to set aside
the condition imposed by the learned Special Judge under Tamil Nadu
Protection of Interest of Depositors (in Financial Establishments) Act
Cases, Madurai in Crl.M.P.No.564 of 2025, dated 15.05.2026 insofar
as directing the petitioners to furnish one third-party surety for a sum
of Rs.10,00,000/- and original title deed shall be produced as security
for safe custody of the Court. The other conditions imposed in the said
order shall remain intact.
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8.Accordingly, this Criminal Original Petition is partly
allowed.
20.05.2026
PNM
TO
1. The Special Judge under Tamil Nadu Protection
of Interest of Depositors
(in Financial Establishments) Act Cases, Madurai,
2.The Inspector of Police, EOW, Karur District.
3. The Additional Public Prosecutor,
Madurai Bench of Madras High Court, Madurai.
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R.VIJAYAKUMAR,J
PNM
ORDER
IN
Date : 20/05/2026
https://www.mhc.tn.gov.in/judis
