Madras High CourtCRL OP/327/2017allowed

S.Deivasigamani (62 Years) v. The State Rep By

2017-01-06Honourable Dr. Justice P. Devadass2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 06.01.2017

CORAM

THE HONOURABLE DR. JUSTICE P.DEVADASS CRL.O.P. No.327 OF 2017 S.Deivasigamani ..

Petitioner

Versus

The State rep. by Inspector of Police, Appakudal Police Station, Erode District.

(Crime No.310/15) ..

Respondent PRAYER : Criminal Original Petition filed under Section 482 R/w 439(1)(b) of Code of Criminal Procedure, to modify the condition in order passed by the learned Judicial Magistrate, Bhavani on 20.01.2016 in Crl.M.P. No.353 of 2016 directing the petitioner to produce vehicle before the learned Judicial Magistrate, Bhavani first working day of every month until further orders. For Petitioner :

Mr.R.P.Muruganraja For Respondent :

Mr.R.Sekar Government Advocate (Crl. Side)

O R D E R

This is a petition to modify certain portion of Bail order passed by the learned Judicial Magistrate, Bhavani in Crl.M.P. No.353 of 2016 dated 20.01.2016.

2.The petitioner is not an accused in the case. He is the owner of the car. He happened to be the father of the accused. The car in the case is stated to be a vehicle in the commission of offence by the accused son.

3.It is seen that sufficient condition has also been imposed in the return of property petition. The car is meant to be used regularly. Further every month taking the car to the Criminal Court is not necessary. In the said circumstances, property return order has been passed by the learned Judicial Magistrate, Bhavani in Crl.M.P. No.353 of 2016 dated 20.01.2016. 4.In the facts and circumstances, the condition to produce https://hcservices.ecourts.gov.in/hcservices/

the car on every month on a particular date is modified to produce the car as and when so ordered by the Court. 5.Accordingly, this Criminal Original Petition is allowed. sd/ Assistant Registrar //True Copy// Sub Assistant Registrar vga To 1.The judicial Magistrate, Bhavani.

2.The Chief Judicial Magistrate, Erode.

3.Inspector of Police, Appakudal Police Station, Erode District.

4.The Public Prosecutor, High Court of Madras, Chennai - 600 104.

CRL.O.P. NO.327 OF 2017 VD(CO) GN(25/01/2017) https://hcservices.ecourts.gov.in/hcservices/