L.Narayanan v. L.Marimuthu

ORDER This Criminal Miscellaneous Petition has been filed by the petitioner seeking permission to withdraw the entire deposited amount of Rs.25,00,000/- lying to the credit of Crime No.159 of 2021 on the file of the learned Metropolitan Magistrate, Land Grabbing Court-II, Egmore, pursuant to the order dated 25.04.2025 passed in Crl.O.P.No.8052 of 2025.

¶2The learned counsel for the petitioner submitted that this Court, vide order dated 02.02.2022, had enlarged the first respondent herein on bail on the condition that he deposit a sum of Rs.50 lakhs. After depositing Rs.25 lakhs, the first respondent preferred an appeal before the Hon'ble Supreme Court in S.L.P. (Crl.) No.12355 of 2024, which was dismissed vide order dated 18.12.2024. Thereafter, due to non-compliance with the deposit condition, the first respondent was remanded to judicial custody. Subsequently, the first respondent filed a fresh bail application in Crl.O.P.No.8052 of 2025, wherein this Court, vide order dated 25.04.2025, granted bail on the condition that he should deposit Rs.10 lakhs to the credit of Crime No.159 of 2021 before the Trial Court, and deposit the balance amount of Rs.15 lakhs within a period of 90 days from the date of his release. The learned counsel for the first respondent has now submitted that the entire balance amount of Rs.25 lakhs has been deposited to the credit of Crime No.159 of 2021 before the Trial Court.

¶3At this juncture, the learned counsel for the petitioner submitted that the petitioner has already lost Rs.2.5 crores. He further relied upon an earlier order of this Court dated 29.06.2022 passed in Crl.M.P.No.6272 of 2022 in Crl.O.P.No.2078 of 2022, which permitted the petitioner to withdraw a portion of the amount upon submitting an undertaking affidavit. He submitted that the remaining amount of Rs.25 lakhs is urgently required for the petitioner's livelihood, as he is the advanced in age and has no source of income and prayed to permit him to withdraw the said amount in line with earlier permission granted in Crl.M.P.No.6272 of 2022 dated 29.06.2022.

¶4The learned counsel appearing for the first respondent has no serious objection in view of the earlier order dated 29.06.2022.

¶5Taking into consideration of the earlier order dated 29.06.2022 and in view of no serious objections by the respondent and upon the totality of the circumstances, this Court is inclined to allow this application. Hence, the Jurisdictional Magistrate is directed to release the deposited amount in favour of the petitioner upon obtaining a proper undertaking and acknowledgment.

¶6Accordingly, this Criminal Miscellaneous Petition is allowed.

23.07.2026 cda To

1.The Metropolitan Magistrate, Land Grabbing Court-II, Egmore.

2.The Inspector of Police, Central Crime Branch-I, Land Grabbing Prevention Cell-1, Team 16, Office of the Commissioner of Police, Greater Chennai Vepery, Chennai – 600 007.

3.The Public Prosecutor, High Court of Madras. Crl.M.P.No.1586oofo2026 oooooinoCrl.O.P.No.8052oofo2025o C.KUMARAPPAN,oJ. cda Crl.M.P.No.1586oofo2026 inoCrl.O.P.No.8052oofo2025

23.07.2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 23.07.2026 CORAM THE HONOURABLE MR. JUSTICE C.KUMARAPPAN in Crl.O.P.No.8052 of 2025 L.Narayanan ... Petitioner Vs. 1.L.Marimuthu 2.The State Rep. by the Inspector of Police, Central Crime Branch-I, Land Grabbing Prevention Cell-1, Team 16, Office of the Commissioner of Police, Greater Chennai Vepery, Chennai – 600 007. (Crime No.159 of 2021) ... Respondent PRAYER: Criminal Miscellaneous Petition filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, praying to permit the petitioner/intervener herein to withdraw the entire deposited amount of Rs.25,00,000/- lying into the credit of FIR No.159 of 2021 on the file of the learned Metropolitan Magistrate, Egmore, Land Grabbing-II, made in order dated 25.04.2025 in Crl.O.P.No.8052 of 2025. For Petitioner : Mr.G.Palani For R1 : Mr.A.Murugavel For R2 : Mrs.R.S.Indira, Government Advocate (Crl.Side)