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2026 DAILYLAW 45956 (MAD)

M.Siva v. State Of Tamilnadu Rep By Inspector Of Police, Awps-Valliyoor

CRL MP(MD)/9006/2026 · 2026-06-29

K Rajasekar

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

CRL MP(MD).Nos.9006 & 9008 of 2026 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 29.06.2026 PRESENT THE HONOURABLE MR. JUSTICE K. RAJASEKAR CRL MP(MD).Nos.9006 & 9008 of 2026 in CRL OP(MD).No.23071 of 2025 M.Siva ...Petitioner Vs State of Tamil Nadu rep. by The Inspector of Police, All Women Police Station, Valliyoor, Tirunelveli District. (Crime No.97 of 2025) ...Respondent/Complainant For Petitioner : Mr.A.Arun Ramnath Advocate For Respondent : Mr.P.Vetrivel Government Advocate (Crl. Side) For Intervenor : Mr.S.Selvakumar PRAYER :- Criminal Miscellaneous Petitions filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita Act, 2023, to partly modify the condition in Para 6(b) as per the order in Crl.OP.(MD). No. 23071 of 2025 dt. 18.02.2026 and extend the time granted in Crl.O.P.(MD). No. 23071 of 2025 dated 18.02.2026 to appear before the Learned Judicial Magistrate, Valliyoor and execute the sureties. ORDER : The Court made the following order :- 1/5 https://www.mhc.tn.gov.in/judis CRL MP(MD).Nos.9006 & 9008 of 2026 These petitions have been filed by the petitioners to partly modify the condition in Para 6(b) as per the order in Crl.OP.(MD). No. 23071 of 2025 dt. 18.02.2026 and to extend the time. 2.By the order dated 02.06.2026 in Crl.O.P.(MD).No.23071 of 2025, this Court vide condition 6(b), this Court passed the following order: “6 [b] the petitioners are directed to deposit a sum of Rs.1,00,000/-(Rupees One lakh only) to the credit of Crime No.97 of 2025 before the learned Judicial Magistrate, Valiyoor and on such deposit, the learned Magistrate shall accept the sureties; the petitioner shall deposit the same in six equal installments; and after receiving the entire amount, the learned Magistrate shall deposit the said amount in an interest bearing Fixed Deposit in any nationalized Bank initially for a period of one year and renew them periodically until the final order/Judgment is passed. The learned Judicial Magistrate or Trial Court shall pass orders regarding entitlement of the said amount in its final order/Judgment; if any default in payment, the anticipatory bail granted will be automatically dismissed; after deposit of the entire amount, the defacto complainant is permitted to withdraw the criminal complaint; Further this condition will not be impediment to raise all the grounds in the trial;” 2/5 https://www.mhc.tn.gov.in/judis CRL MP(MD).Nos.9006 & 9008 of 2026 3.By the above said order this Court directed the petitioners to deposit Rs.1,00,000/- as a pre-condition for availing the bail. The learned counsel for the petitioners submitted that the allegations levelled against the petitioners herein is relating to false promise and having physical relationship. Apart from that there is no money involved in this case and there is no amount of cheating. Hence, imposing condition of deposit of money is unwarranted and to modify the same. 4.This Court perused the FIR and heard the learned Government Advocate (Crl. Side) and the counsel for the petitioner. 5.Though this Court while passing orders observed that the parties have been undergone psychological counselling and agreed for certain terms. But, it is not case of cheating or any money involved in this case. In view of the same, this Court is inclined to remove the class 6(b) in order dated 18.02.2026. 5.Therefore, the condition imposed by this Court vide dated 18.02.2026 in Crl.O.P.(MD).No.23071 of 2025, against the petitioners in para 6(b) is hereby deleted. Since the petitioners have not executed the sureties in view of 3/5 https://www.mhc.tn.gov.in/judis CRL MP(MD).Nos.9006 & 9008 of 2026 the Class 6(b), now they are directed to execute the sureties within a period of 15 days from the date of copy of this order made ready and the other conditions remain unchanged. 6.Accordingly, these petitioners are ordered. (K R S J) 29.06.2026 TM To 1.The Judicial Magistrate, Valliyoor, Tirunelveli District. 2.The Inspector of Police, All Women Police Station, Valliyoor, Tirunelveli District. (Crime No.97 of 2025) 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 4/5 https://www.mhc.tn.gov.in/judis CRL MP(MD).Nos.9006 & 9008 of 2026 K. RAJASEKAR, J. TM ORDER IN CRL MP(MD).Nos.9006 & 9008 of 2026 in CRL OP(MD).No.23071 of 2025 Date : 29.06.2026 5/5 https://www.mhc.tn.gov.in/judis