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2025 DAILYLAW 223874 (MAD)

C.RAJIV GANDHI v. The State rep by Inspector of Police (Crime)

CRL OP/34618/2025 · 2025-12-17

A D Jagadish Chandira

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Crl.O.P.No.34618 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 17.12.2025 CORAM: THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.34618 of 2025 Rajiv Gandhi ... Petitioner Vs. The State represented by, The Inspector of Police (Crime), Selaiyur Police Station, Chennai. (Crime No.481 of 2025) ... Respondent PRAYER: Criminal Original Petition is filed under Section 483(1)(b) of Bharatiya Nagarik Suraksha Sanhita, to modify the condition, as the petitioner/accused shall execute a bond for Rs.10,000/- along with two sureties for a like sum each, on the order dated 19.11.2025 passed in Crl.M.P.No.2660 of 2025 on the file of the Judicial Magistrate No.II, Tambaram, Chennai. For Petitioner : Mr.Chozhan. K For Respondent : Mr.S.Santhosh Government Advocate (Criminal Side) O R D E R The present Criminal Original Petition has been filed seeking to modify the condition 4 (a) imposed on the petitioner in Crl.M.P.No.2660 of 1/5 https://www.mhc.tn.gov.in/judis Crl.O.P.No.34618 of 2025 2025 by the learned Judicial Magistrate No.II, Tambaram, Chennai, on 19.11.2025. 2. The brief facts of the case are that the petitioner has been arrayed as an accused in Crime No.481 of 2021 registered on the file of the respondent Police for the offence under Section 305(a) of the BNS, 2023. He was arrested on 29.10.2025. Subsequently, the petitioner filed a petition in Crl.M.P.No.2660 of 2025 seeking bail and the learned Magistrate, vide order dated 19.11.2025, granted bail directing the petitioner to execute a bond for a sum of Rs.15,000/- with two sureties, including one blood-related surety or spouse, each for a like sum. Aggrieved by the said condition, the present petition has been filed. 3. Learned counsel appearing for the petitioner submitted that the bail was granted to the petitioner by the learned Judicial Magistrate No.II, Tambaram, Chennai, on 19.11.2025, subject to the aforesaid condition. He further submitted that the petitioner is a native of Tharangampadi and that his relatives are not in a position to stand as sureties. Due to his penurious condition, the petitioner is unable to comply with the bail conditions, and despite the grant of bail on 19.11.2025, he has been in incarceration from 29.10.2025. Hence, he seeks to modify the condition. 2/5 https://www.mhc.tn.gov.in/judis Crl.O.P.No.34618 of 2025 4. Learned Government Advocate (Criminal Side) submitted that the investigation in this case has been completed and that the final report has already been filed before the Judicial Magistrate Court No.II, Tambaram. 5. Having heard the learned counsel appearing on either side and upon perusal of the materials available on record and considering the facts and circumstances of the case, particularly that the final report has been filed and that the petitioner has been in incarceration from 29.10.2025, this Court is inclined to modify conditions 4(a) and (b) imposed by the Court below in Crl.M.P.No.2660 of 2025, vide order dated 19.11.2025. Accordingly, the said conditions are modified as follows:- . 4 (a) the petitioner/accused shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties, each for a like sum. 4 (c) the petitioner/accused shall appear before the learned Judicial Magistrate No.II, Tambaram, on the first working day of every English calendar month at 10.30 a.m., until further orders. It is made clear that other conditions remain unaltered. 3/5 https://www.mhc.tn.gov.in/judis Crl.O.P.No.34618 of 2025 6. With the above directions, this Criminal Original Petition stands allowed. 17.12.2025 ham Neutral Citation: Yes/No Note: 1. Registry is directed to forthwith upload this order on the Official Website of this Court. 2. All concerned to act on this order being uploaded on Official Website of this Court without insisting on certified hard copies. To be noted, this order when uploaded in the official website of this Court will be watermarked and will also have a QR code. To 1. The Judicial Magistrate No.II, Tambaram, Chennai. 2. The Inspector of Police (Crime), Selaiyur Police Station, Chennai. 4/5 https://www.mhc.tn.gov.in/judis Crl.O.P.No.34618 of 2025 A.D.JAGADISH CHANDIRA , J. ham Crl.O.P.No.34618 of 2025 17.12.2025 5/5 https://www.mhc.tn.gov.in/judis