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2025 DAILYLAW 185022 (MAD)

HemkaranSonwani v. The State of Tamil Nadu,

CRL RC(MD)/1171/2025 · 2025-12-17

Mohammed Shaffiq

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Crl.R.C(MD)No.1171 of 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.12.2025 CORAM THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ CRL.R.C.(MD)No.1171 of 2025 HemkaranSonwani ... Petitioner vs. The State of Tamil Nadu, Represented by, The Sub Inspector of Police, Bodinayakanur Town Police Station, Theni District. (Crime No.63 of 2025) ... Respondent PRAYER: Criminal Revision Petition is filed under Section 438 r/w 442 of BNSS, 2023, to call for the records relating to the order in Crl.M.P.No.1478 of 2025 in P.R.No.68 of 2025 on the file of learned Judicial Magistrate, Bodinayakanur, dated 28.07.2025 and modify or set aside the condition No.1. For Petitioner : Mr.T.Antony Arulraj For Respondent : Mr.A.ThiruvadiKumar Additional Public Prosecutor ***** 1/5 https://www.mhc.tn.gov.in/judis Crl.R.C(MD)No.1171 of 2025 O R D E R Heard Mr.T.Antony Arulraj, learned Counsel for petitioner and Mr.A.ThiruvadiKumar, learned Additional Public Prosecutor for Respondent. 2. Criminal Revision Petition has been filed challenging the order dated 28.07.2025 in Crl.M.P.No.1478 of 2025 in P.R.No.68 of 2025 on the file of learned Judicial Magistrate, Bodinayakanur, insofar as it pertains to Condition No.1 imposed in the petition filed by the petitioner seeking release of the vehicle. Condition No.1 of the order reads as follows: “1.kDjhuUk;> kDjhuUf;fhf U:.10>00>000-f;fhf nrhe;j gpizag; gj;jpuKk;> NkYk; ,uz;L gpizajhuu;fis Kd;epWj;jpAk;> gpizajhuu;fs; jyh U:.5>00>000-f;fhf brhe;j gpizag;gj;jpuk; vOjpf; nfhLf;f Ntz;Lk; vd;Wk;>” 3. It is submitted by learned counsel for petitioner that petitioner is based out of Madhya Pradesh and it will be difficult for him to secure 2 sureties for 5,00,000/- each. He would also submit that petitioner would furnish a personal bond along with a solvency certificate for Rs.10,00,000/-. 2/5 https://www.mhc.tn.gov.in/judis Crl.R.C(MD)No.1171 of 2025 4. Learned counsel for respondent would submit that the order may not warrant interference. 5. Keeping in view the fact that petitioner is based out of Madhya Pradesh and also that he is only challenging condition No.1, this Court is inclined to modify the condition No.1 of the order dated 28.07.2025 as follows: 1.Petitioner shall execute a personal bond for a sum of Rs.10,00,000/- (Rupees Ten Lakh only) along with solvency certificate before the Judicial Magistrate, Bodinayakanur, Rest of the conditions imposed by Judicial Magistrate, Bodinayakanur in Crl.M.P.No.1478 of 2025 in P.R.No.68 of 2025 vide order dated 28.07.2025, are unaltered. 6. This Criminal Revision Petition is disposed of on the above terms. Index :Yes / No 17.12.2025 Internet :Yes / No NCC :Yes / No Nsr 3/5 https://www.mhc.tn.gov.in/judis Crl.R.C(MD)No.1171 of 2025 To: 1.The Judicial Magistrate, Bodinayakanur 2.The Sub Inspector of Police, Bodinayakanur Town Police Station, Theni District. 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 4/5 https://www.mhc.tn.gov.in/judis Crl.R.C(MD)No.1171 of 2025 MOHAMMED SHAFFIQ , J. Nsr Order made in Crl.R.C(MD)No.1171 of 2025 17.12.2025 5/5 https://www.mhc.tn.gov.in/judis