Swaminatha Iyer v. The Inspector of Police

ORDER This Criminal Miscellaneous Petition has been filed by the petitioner seeking to modify the condition imposed in Crl.M.P.No.7183 of 2026 dated

13.07.2026. Page2 of 4

¶2The learned counsel for the petitioner submitted that the petitioner was enlarged on statutory bail on 13.07.2026 on condition that the petitioner shall execute a bond for a sum of Rs.1,00,000/- (rupees one lakh only) along with two sureties for like sum each to the satisfaction of this Court among them one surety shall be a blood surety. He submits that he finds it difficult to get sureties worth Rs.1,00,000/-. He further submits that because of such onerous condition, he finds it difficult to exercise his right to liberty. It is the contention of the learned counsel for the petitioner that the amount involved in this case is only Rs.5,00,000/- Hence, he prays to modify the condition.

¶3The learned Government Advocate (Crl.side) for the respondent police submits that two previous cases were pending against this petitioner which are similar in nature. Hence, she objects to modify the condition.

¶4Though the learned Government Advocate (Crl.side) objected to modify the condition, while perusing the factual position, the petitioner received a sum of Rs.5,00,000/- on the promise to return Rs.1 crore to the defacto complainant. Though such allegations are made, considering the fact that this being a cheating by receiving Rs.5,00,000/-, this Court finds that imposing condition to furnish sureties of Rs.1,00,000/- is onerous one. Page3 of 4

¶5Accordingly, the condition that "the petitioner shall execute a bond for a sum of Rs.1,00,000/- (rupees one lakh only) along with two sureties for like sum each to the satisfaction of this Court among them one surety shall be a blood surety" is modified to the effect that " the petitioner shall execute a bond for a sum of Rs.10,000/- (rupees ten thousand only) along with two sureties (out of which one should be a blood surety) each for a like sum to the satisfaction of the learned Magistrate concerned". The other conditions imposed earlier shall remain unaltered.

¶6Accordingly, this criminal original petition is modified.

21-07-2026 Index: Yes/No Speaking/Non-speaking order NR To:

¶1The Chief Judicial Magistrate,Coimbatore.

¶2The Inspector Of police CBCID Police, Coimbatore.

¶3The Public Prosecutor High Court of Madras CRLoOPoNo.o19221oofo2026 C.KUMARAPPAN,oJ. NR CRLoOPoNo.o19221oofo2026 21-07-2026 Page4oofo4

Page1 of 4 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 21-07-2026 CORAM THE HON'BLE MR.JUSTICE C.KUMARAPPAN Swaminatha Iyer ..Petitioner(s) Vs The Inspector Of police CBCID Police, Coimbatore. ..Respondent(s) PRAYER : Criminal Original Petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, Act, 2023, to Modify the order dated 13.07.2026 passed in Crl.M.P.No.7183 of 2026 by the Learned Chief Judicial Magistrate, Coimbatore by setting aside the conditions directing, the petitioner / accused shall execute a bond for a sum of Rs.1,00,000/- along with Two sureties for like sum each to the satisfaction of this court among them one surety shall be a blood surety, the petitioner / accused shall appear and sign before the respondent police daily at 10.00 a.m. until further orders. For Petitioner(s): S.Raj Ganesh For Respondent(s): MS.R.S.INDIRA, GOVT.ADVOCATE (CRL.SIDE)