Kamalanathan v. Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.02.2024

CORAM

THE HONOURABLE MR JUSTICE N.ANAND VENKATESH Kamalanathan ... Petitioner Vs.

State rep through the Inspector of Police, Fizhing Harbour Police Station, Washermenpet (Crime No.306 of 2023) ... Respondent PRAYER : The Criminal Original Petition filed under Section 482 of Cr.P.C. to set aside and modify the condition imposed in impugned order dated 12.01.2024 passed in Crl.M.P.No.538 of 2024 on the file of the learned XVI Metropolitan Magistrate Court, George Town, Chennai. For Petitioner : Mr.R.Prabhakaran For Respondent : Mr.A.Damodaran Additional Public Prosecutor

ORDER

This petition has been filed seeking modification of the condition imposed by the court below while allowing the application in Crl.M.P.No.538 of 2024, 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 12.01.2024, had imposed certain conditions and one such condition was that the petitioner shall execute a bond for a sum of Rs.5,00,000/- with one surety for a like sum. 2.

The learned counsel for the petitioner submitted that the petitioner was not able to mobilize funds and hence, seeks for modification of the condition.

3.

Taking into consideration the facts and circumstances of the case, the condition No.(i) shall stand modified as follows:

"The petitioner is directed to execute a personal bond for a sum of Rs.10,000/-".

4.

The other conditions as imposed by the Court below while passing orders in Crl.M.P.No.538 of 2024, shall stand as it is. 5.

Accordingly, this Criminal Original Petition is disposed of. Index : Yes/No 16.02.2024 Internet : Yes/No rka To

1. XVI Metropolitan Magistrate Court, George Town, Chennai

2. The Inspector of Police, Fizhing Harbour Police Station, Washermenpet (Crime No.306 of 2023) 3.The Public Prosecutor, High Court, Madras.

N.ANAND VENKATESH, J.

rka 16.02.2024