Vijayakanth v. The State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.02.2021

CORAM:

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.OP.No.3295 of 2021 Vijayakanth .. Petitioner Vs.

State rep by The Inspector of Police, Sriperumbudur Police Station, Kancheepuram District.

.. Respondent PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to modify the condition No.2 directing the petitioner to deposit a sum of Rs.1,00,000/- before the Tahsildar, Sriperumbudur and on deposit, the said amount has to be deposited by the Tahsildar, Sriperumbudur to the credit of the District Mines and Minerals Foundation Trust as Non Refundable Deposit as imposed in the order dated 28.10.2020 in Crl.M.P.No.1399 of 2020 by the learned Principal District and Sessions Judge, Kancheepuram District at Chengalpattu.

For Petitioner : Mr.G.Maheshkumar For Respondent : Mr.C.Raghavan Government Advocate

O R D E R

This petition has been filed seeking modification of the condition imposed by the court below while allowing the application in Crl.M.P.No.1399 of 2020 , filed by the petitioner for return of vehicle. The Court below while allowing the application under Section 451 r/w 457 Cr.P.C., seeking for return of vehicle, by order dated 28.10.2020, had imposed certain conditions and one such condition was that the petitioner should deposit a sum of Rs.1,00,000/- before the Tahsildar, Sriperumbudur and on deposit, the said amount has to be deposited by the Tahsildar, Sriperumbudur, to the credit of the District Mines and Minerals Foundation Trust as Nonrefundable deposit. 2.The learned counsel for the petitioner submitted that the petitioner was not able to mobilize funds due to the https://hcservices.ecourts.gov.in/hcservices/

pandemic situation and seeks for modification of the condition.

3.Taking into consideration the facts and circumstances of the case, the condition No.4(2) shall stand modified as follows:

"The petitioner is directed to deposit Rs.50,000/- before the Tahsildar, Sriperumbudur, and on deposit, the said amount has to be deposited by the Tahsildar, Sriperumbudur, 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 Crl.M.P.No.1399 of 2020, will stand as it is.

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

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar ssr To

1. The Principal District and Sessions Judge, Kancheepuram District at Chengalpattu

2. The Tahsildar, Sriperumbudur.

3. The Inspector of Police, Sriperumbudur Police Station, Kancheepuram District.

4.The Public Prosecutor, High Court, Madras.

+1cc to Mr.G.Magesh Kumar, Advocate, S.R.No. 10681 Crl.OP.No.3295 of 2021 AK II(CO) GN(17/03/2021) https://hcservices.ecourts.gov.in/hcservices/