CRL MP(MD). No.8381 of 2026 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 25.06.2026 CORAM THE HONOURABLE MR. JUSTICE P. DHANABAL CRL MP(MD). No.8381 of 2026 in Crl.OP(MD) No.20611 of 2025 Everest Veera Babu ... Petitioner Vs The State of Tamilnadu Rep The Inspector of Police, Central Crime Branch Police Station, Madurai District. (Crime No. 57 of 2025). ... Respondent PRAYER :- Criminal Miscellaneous Petition is filed under Section 528 of BNS, to modify the condition directing the petitioner/accused No.1 to deposit Rs.60 Lakhs instead of Rs.1 Crore to the account of the defacto complainant as ordered in Crl.O.P.(MD).No.20611 of 2025 dated 27.11.2025. For Petitioner : Mr.R.Venkateswaran For Respondent : Mr.P.Vetrivel Government Advocate (Crl.Side) ORDER This petition has been filed by the petitioner to modify the condition directing the petitioner/accused No.1 to deposit Rs.60 Lakhs instead of Rs.1 Crore to the account of the defacto complainant as ordered in Crl.O.P.(MD).No. 20611 of 2025 dated 27.11.2025. 1/6 https://www.mhc.tn.gov.in/judis CRL MP(MD). No.8381 of 2026 2.The learned counsel for the petitioner would submit that the petitioner is doing Real Estate and Construction business in Coimbatore. He was introduced by the defacto complainant by the accused No.2. The defacto complainant wanted to open a new branch of School in Coimbatore. The defacto complainant lodged a false complaint against the petitioner and others. Based on the above said complaint the Crime No.57 of 2025 for the offence punishable under Secton 318(4) of BNS. Thereafter, the petitioner approached this Court in Crl.O.P.(MD).No.20611 of 2025. Interim bail was granted on 20.11.2025. Thereafter, bail was granted on 27.11.2025 with condition to pay a sum of Rs.1 Crore to the defacto complainant on or before 04.12.2025 and also to appear before the respondent police daily, until further orders. 3.He would further submit that in fact the petitioner paid a sum of Rs.25 lakhs on 02.12.2025 and paid another Rs.25 lakhs on 04.12.2025 in the account of defacto complainant. Thereafter, filed a petition for extension of time for payment of balance amount. The same was allowed on 05.12.2025, granting one month time. The petitioner was able to arrange only Rs.10 lakhs and paid the same on 03.01.2026. He is unable to mobilize the remaining amount of Rs. 40 lakhs. The petitioner has valuable property bearing S.No.226/2 and 237/2 at 2/6 https://www.mhc.tn.gov.in/judis CRL MP(MD). No.8381 of 2026 Kunnathur Village, Annur Taluk, Coimbatore district. The market value of the said property is Rs.14 Crores. The same is mortgaged with the private persons for Rs.3.65 Crores and he is ready and willing to undertake that he will not alienate that property without the permission of the Court. Therefore, the condition imposed by the Court may be modified to Rs.60 lakhs already paid by the petitioner and for the remaining amount the petitioner may be directed to give an undertaking. 4.The learned counsel for the Intervenor would submit that already this Court after taking into consideration of the gravity of the offence and the money involved in this case, directed the petitioner to deposit Rs.1 Crore and thereafter, the petitioner has only paid Rs.60 lakhs on three installments. Now he want to produce the surety for the remaining amount. But, that property was already mortgaged with private person for the tune of Rs.3.65 Crores. The Value of the property is only around Rs.4 Crores. Therefore, that property is not sufficient for the remaining amount. Therefore, he strongly opposed to modify the condition. 5.This Court heard the rivals submissions made on either side and perused the available records. 3/6 https://www.mhc.tn.gov.in/judis CRL MP(MD). No.8381 of 2026 6.Considering the nature of offence and this Court already imposed condition to deposit Rs.1 crore in the account of the defacto complainant and the petitioner also paid Rs.60 lakhs and now the petitioner is unable to mobilize the fund, instead of he is ready to give undertaking in respect of the property already mortgaged vide S.No.226/2 and 237/2. According to the petitioner the properties are worth about more than Rs.14 crores and therefore, he also himself voluntarily undertakes not to alienate the property without the permission of the Court. Therefore, considering the reasons stated by the petitioner that he is unable to mobilize the fund and also paid Rs.60,00,000/-, this Court is inclined to modify the condition that the money to the tune of Rs. 60,00,000/- already deposited by the petitioner is sufficient, and the petitioner is restrained from alienating the property in S.F.No.226/2 (New S.F.No. 226/2A) and S.F.No.237/2 at Kunnathur Village, Annur Taluk, Coimbatore District and Annur Sub Registration Office, till the disposal of the main case. 7.With the above said modifications, this petition is ordered and the petitioner is directed to file an undertaking affidavit before the trial Court, within one month, to the effect that he will not alienate the property without the permission of the Court. 4/6 https://www.mhc.tn.gov.in/judis CRL MP(MD). No.8381 of 2026 25.06.2026 TM TO 1. The Inspector of Police, Central Crime Branch Police Station, Madurai District. 2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 5/6 https://www.mhc.tn.gov.in/judis CRL MP(MD). No.8381 of 2026 P. DHANABAL,J TM ORDER IN CRL MP(MD) No.8381 of 2026 in Crl.OP(MD) No.20611 of 2025 Date : 25.06.2026 6/6 https://www.mhc.tn.gov.in/judis