Madras High CourtCRL OP/1590/2021disposed of

Kalidoss v. State Rep.By

2021-02-03Honourable Mr Justice N. Anand Venkatesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :03.02.2021

CORAM

THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH CRL.O.P.No.1590 of 2021 Kalidoss

...Petitioner

Vs.

1. The Inspector of Police, Somangalam Police Station, Kancheepuram District.

Crime No.358 of 2020

2. M/s.Sriram Transport Finance Company, No.4, Lady Desikachari Road, Mylapore, Chennai.

...Respondents

PRAYER: Criminal Original petition is filed under Section 482 of Criminal Procedure Code, to modify the condition imposed by the learned Principal Sessions Judge,Kancheepuram district at Chengalpattu by its order dated 22.12.2020 made in Crl.MP.No.2906 of 2020, as execute a bond for sum of Rs.1,00,000/- instead of the condition that the petitioner has to deposit a sum of Rs.1,00,000/- as cash deposit. For Petitioner : Mr.D.Magesh For Respondents: Mr.M.Mohamed Riyaz : Additional Public Prosecutor

ORDER

This petition has been filed seeking modification of the condition imposed by the court below while allowing the application in C.M.P.No.2906 of 2020, filed by the petitioner for return of vehicle. The Court below while allowing the application under Section 451 Cr.P.C., seeking for return of vehicle, by order dated 22.12.2020, had imposed certain conditions and one such condition was that the petitioner should deposit a sum of Rs.1,00,000/- before the Tahsildar, Kundrathur and on deposit, the said amount has to be deposited by the Tahsildar, Kunrathur, to the credit of the District Mines and Minerals Foundation Trust as Non-refundable deposit. https://hcservices.ecourts.gov.in/hcservices/

2.The learned counsel for the petitioner submitted that the petitioner was not able to mobilize funds due to the pandemic situation and seeks for modification of the condition. 3.Taking into consideration the facts and circumstances of the case, the condition No.5(2) shall stand modified as follows:

"The petitioner is directed to deposit Rs.50,000/- before the Tahsildar, Kundrathur, and on deposit, the said amount has to be deposited by the Tahsildar, Kundrathur, to the credit of the District Mines and Minerals Foundation Trust as Non-refundable Deposit."

4.The other conditions as imposed by the Court below while passing orders in C.M.P.No.2906 of 2020, will stand as it is.

5.Accordingly, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar rli To 1.The Inspector of Police, Somangalam Police Station, Kancheepuram District.

2.The Public Prosecutor, Madras High Court, Chennai.

3. The Tahsildar, Kundrathur.

CRL.O.P.No.1590 of 2021 A.SK(10.03.2021) https://hcservices.ecourts.gov.in/hcservices/