(Prayer: Criminal Original Petition filed under Section 528 of BNSS, 2023 to modify the condition 6 accordingly, the sentence of imprisonment imposed on the petitioners by the trial court alone is hereby suspended till the disposal of the appeal and the petitioners are ordered to be enlarged on bail on their executing a bond for Rs.10,000/- with two sureties each for a likesum to the satisfaction of the learned IV Metropolitan Magistrate, Saidapet, Chennai further petitioner shall deposit 20 percentage of the compensation amount to the credit of C.C.Number on the file of the trial court within sixty days from the date of this order imposed upon them while granting suspension of sentence in Crl.M.p.No. 1/2026 in Crl.Appeal No. 169/2026 to the petitioners vide an order dt. 05.02.2026 and thus render justice.)

1. This Criminal Original Petition has been filed seeking to modify one of the conditions imposed on the petitioners in Paragraph 6 of the order in Crl.MP.No.1 of 2026 in C.A.No.169 of 2026 that the petitioners should deposit 20% of the compensation amount to the credit of C.C.No.1815 of 2023 while suspending the sentence of the petitioners.

2. The petitioners were convicted for the offences punishable under Section 406 of IPC and under Section 4 of the Dowry Prohibition Act, 1961 in connection with C.C.No.1815 of 2023 and they were sentenced to undergo two years simple imprisonment and to pay a fine of Rs.10,000/- each, in default, to undergo further simple imprisonment of two months for the offence under Section 4 of the Dowry Prohibition Act, 1961. They were also sentenced to undergo two years rigorous imprisonment and to pay a compensation of Rs.4,00,00,000/- collectively to P.W.1/ the second respondent herein within three months from the date of judgment, in default, to undergo simple imprisonment for two more years for the offence under Section 406 of IPC. Aggrieved by the same, the petitioners have preferred the appeal in Crl.A.No.169 of 2026 along with petition to suspend the sentence imposed by the trial Court in Crl.MP.No.1 of 2026.

3. The Appellate Court has considered the petition for suspension of sentence and suspended the sentence on condition that the petitioners should deposit 20% of the compensation amount to the credit of C.C.No.1815 of 2023 on the file of the learned IV Metropolitan Magistrate, Saidapet, Chennai. Aggrieved by the same, the present petition has been filed to modify one of the conditions imposed by the Appellate Court viz., to deposit 20% of the compensation amount awarded by the trial Court.

4. The learned counsel for the petitioners submits that immediately after the registration of an FIR in Cr.No.6 of 2022 against the petitioners by the first respondent, the petitioners were granted anticipatory bail by the Hon’ble Supreme Court of India vide order dated 20.10.2022 in S.L.A.No.8054 of 2022 on the following conditions:

                     “(a) The appellants shall deposit the afore-stated sum with the Registry of the trial Court within six weeks from today.

                     (b) The appellants shall render complete cooperation in the ensuing investigation and shall present themselves as and when their presence is requisitioned by the Investigating Officer.

                     (c) Upon being arrested in connection with the afore-stated crime, the Investigating Agency shall release them on bail subject to furnishing cash security in sum of Rs.1 lakh with two like sureties.

                     (d) The appellants shall not in any manner obstruct the course of investigation nor shall they get in touch with any of the witnesses. Any such infraction shall entail in withdrawal of the benefit granted by this Order.

                     With these observations, this appeal is allowed”.

5. The learned counsel further submits that As far as the first condition is concerned, the petitioners were willing to deposit Rs.1,93,95,157/- to the credit of C.C.No.1815 of 2023 on the file of the learned IV Metropolitan Magistrate, Saidapet, Chennai. The said undertaking was imposed as one of the conditions by the Hon’ble Supreme Court of India. Accordingly, the petitioners had deposited a sum of Rs.1,93,95,157/- to the credit of C.C.No.1815 of 2023 on the file of the learned IV Metropolitan Magistrate, Saidapet, Chennai and it is lying in CC.No.1815 of 2023 . Therefore, the condition imposed by the Appellate Court directing the petitioners to deposit 20% of the compensation amount awarded by the trial Court can be adjusted towards Rs.1,93,95,157/-, the amount which was already deposited by the petitioners.

6. The learned counsel for the second respondent/defacto complainant submits that the said amount can be adjusted towards the deposit which was already made by the petitioners and the said amount may be permitted to be withdrawn by the defacto complainant/second respondent, since the entire amount has been spent by the defacto complainant during marriage ie., for purchasing of jewels, immovable properties and other expenses.

7. The learned Government Advocate (Crl.Side) reiterated the prosecution case and vehemently opposed to allow this petition.

8. Heard both sides and perused the materials available on record.

9. Taking all the factors in to consideration and the submissions made on either side, this court is of the opinion that the condition imposed by the Appellate Court that the petitioners shall deposit 20% of the compensation amount to the credit of C.C.No.1815 of 2023 on the file of the learned IV Metropolitan Magistrate, Saidapet, Chennai is hereby deleted and the second respondent /PW1, who is the father of the bride, is permitted to withdraw a sum of Rs.1,00,00,000/- from the deposited amount of Rs.1,93,95,157/- in C.C.No.1815 of 2023 on the file of the learned IV Metropolitan Magistrate, Saidapet, Chennai by filing necessary application.

10. On receipt of such application, the trial Court is directed to permit the second respondent /PW1 to withdraw a sum of Rs.1,00,00,000/- without ordering notice to the petitioners herein.

11. Further time is extended to execute the sureties till 03.09.2026. The other conditions imposed earlier shall remain intact.

12. The Appellate Court is directed to dispose the appeal within a period of three months from the date of receipt of a copy of this Order.