Prem Anand v. Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.01.2024

CORAM

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH Prem Anand, S/o.Srinivasan ... Petitioner Vs.

State represented by, The Inspector of Police, R-4, Soundarapandianar Angadi Police Station (Crime), Chennai - 17.

(Crime No.250 of 2023)

...Respondent

Criminal Original Petition under Section 482 of the Criminal Procedure Code to modify the condition 4(i) imposed in order dated 02.01.2024 passed in Crl.M.P.No.21450 of 2023 in Crime No.250 of 2023 by the learned XVII Metropolitan Magistrate, Saidapet. For Petitioner :

Mr.K.Thilageswaran For Respondent :

Mr.A.Damodaran Addidtonal Public Prosecutor 1/5

ORDER

This petition has been filed challenging one of the condition that was imposed by the Court below while allowing the application filed by the petitioner for returning of property in Cr. MP No.21450 of 2023 dated 02.01.2024.

2.

Heard Mr.K.Thilageswaran, learned counsel for the petitioner and Mr.A.Damodaran, learned Additional Public Prosecutor appearing on behalf of the respondent.

3.

The petitioner is the owner of the property. An FIR came to be registered in Crime No.250 of 2023 for offence under Sections 406 and 420 of IPC, based on the complaint given by the petitioner. In the course of investigation, 45 laptops were seized and was handed over to the Court. 4.

The petitioner filed an application seeking for return of property. The Court below while allowing the application, imposed the 2/5

following condition :- In fine , this petition is allowed on the conditions :- (i) The petitioner shall execute his own bond for a sum of Rs.15,00,000/- along with one surety.

5.

Aggrieved by the above condition, the present criminal original petition has been filed before this Court.

6.

Taking into consideration the facts and circumstances of the case, the 1st condition imposed by the Court below is modified and there shall be a direction to the petitioner to execute his own bond for a sum of Rs.10,000/- with one surety. The other condition imposed by the Court below shall stands as it is.

7.

This Criminal Original petition is disposed of in the above terms.

29.01.2024 rka Index : Yes/No Speaking order:Yes/No 3/5

To 1.The XVII Metropolitan Magistrate, Saidapet.

2.The Inspector of Police, R-4, Soundarapandianar Angadi Police Station (Crime), Chennai - 17.

3.The Public Prosecutor, Madras High Court.

4/5

N.ANAND VENKATESH,J rka 29.01.2024 5/5