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Madras High CourtCRL OP/20090/2017ordered

K. Chandran, 62 Yrs, v. Inspector Of Police,

2017-09-27Honourable Mr Justice G.R.Swaminathan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.09.2017

CORAM

THE HONOURABLE JUSTICE MR.G.R.SWAMINATHAN Crl.OP No.20090 of 2017 K.Chandran ... Petitioner Vs State rep. by the Inspector of Police, Appakudal Police Station, Erode District.

in Crime No.310/2015 ..Respondent Prayer:- Criminal Original Petition filed under Section 439(1)(b) of Cr.P.C. to modify the order passed by the Judicial Magistrate, Bhavani in Crl.M.P.No.85 of 2016 dated 12.01.2016.

For Petitioner :Mr.B.Sekar For Respondent :Mr.P.Govindarajan Additional Public Prosecutor.

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ORDER

The petitioner's vehicle Ford Fiesta bearing Registration No. TN 36 P 8428 was ordered to be returned by an order dated 12.01.2016 by the learned Judicial Magistrate, Bhavani in Crl.M.P.No.85 of 2016 on condition that the petitioner shall produce the said vehicle for inspection on the first working day of every month before the Judicial Magistrate, Bhavani until further orders. Now, the petitioner has filed this petition to relax the condition.

2. The learned counsel appearing for the petitioner would submit that the car is meant to be used regularly and hence petitioner finds it very difficult to produce the car before the court every month and that therefore, he prayed for modification of the said condition as to produce the car as and when required by the court.

3. The learned Additional Public Prosecutor has not raised any serious objections.

4. Accepting the above submissions of the learned counsel for the petitioner, I am inclined to relax the said condition. Accordingly, the condition No.6 of the order dated 12.01.2016 passed by the Judicial Magistrate, Bhavani is modified as follows :

(i) "The petitioner shall produce the said vehicle for inspection as and when required by the court."

(ii) In other respects, the order dated 12.01.2016 passed by the Judicial Magistrate, Bhavani shall stand unaltered.

4. The Criminal Miscellaneous petition is ordered accordingly. 27.09.2017 Index : Yes/No mst

To 1.The Judicial Magistrate, Bhavani.

2.The Public Prosecutor, High Court, Chennai.

G.R.SWAMINATHAN, J.

mst CRL.O.P.No.20090 of 2017 27.09.2017