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Madras High CourtCRL OP/3895/2020allowed

Vanitha v. State Rep By

2020-02-21Honourable Mr Justice P. Rajamanickam2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.02.2020

CORAM

THE HONOURABLE MR. JUSTICE P.RAJAMANICKAM CRL.O.P.No.3895 of 2020 Vanitha ....Petitioner/Owner of Vs.

State Rep.by the Inspector of Police Pochampalli Police Station Krishnagiri District.

... Respondent/Complainant PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to set aside the order passed by the learned District Munsif-cum-Judicial Magistrate, Pochampalli, Krishnagiri District in Crl.M.P.No.354/2020 in Crl.M.P.No.6056/2019 dated 27.01.2020.

For Petitioner : Mr.E.Kannadasan : for M/s.R.Thulasi For Respondent : Mr.M.Mohamed Riyaz Additional Public Prosecutor

ORDER

This petition has been filed to set aside the order passed by the learned District Munsif-cum-Judicial Magistrate, Pochampalli, Krishnagiri District in Crl.M.P.No.354/2020 in Crl.M.P.No.6056/2019 dated 27.01.2020.

2. The learned counsel for the petitioner has submitted that the petitioner is the owner of the Car bearing Registration No.TN-49-BY-2522. He further submitted that the respondent has seized the said vehicle in Cr.No.363/2019 for the offences under Sections 147, 148, 341, 364, 120(B), 302 & 201 of IPC and produced before the District Munsif-cum-Judicial Magistrate, Pochampalli, Krishnagiri District and the same was remanded in CP.No.120/2019. He further submitted that the petitioner has filed a petition under Section 451 of Cr.P.C., in Crl.M.P.No.6056 of 2019 seeking interim custody and the learned District Munsif-cum-Judicial Magistrate, Pochampalli, Krishnagiri District by the order dated 27.01.2020 has allowed the said petition and directed to release the said vehicle by imposing certain conditions and one such condition (condition No.5) is that the petitioner shall produce the said vehicle before the concerned Court on the first working day of every week. He further submitted that the petitioner's Car has to go https://hcservices.ecourts.gov.in/hcservices/

to other places as she is eking out her livelihood by renting her car and hence, she is not able to produce the said vehicle every week and therefore she filed a petition before the trial Court to modify the said condition permitting the petitioner to produce the said vehicle once in 15 days, but the trial Court without considering the said request has dismissed the said petition and therefore, he prayed to set aside the said order and permit the petitioner to produce the said vehicle before the trial Court once in 15 days.

3. The learned Additional Public Prosecutor has submitted that he is leaving to the discretion of the Court.

4. Considering the aforesaid submissions, the condition No.5 imposed by the learned District Munsif-cum-Judicial Magistrate in the order passed in Crl.M.P.No.6056/2019 is modified to the effect that the petitioner shall produce the vehicle before the said Court on the first working day of first week and third week of every month.

5. With the above modification, this Criminal Original Petition is allowed.

Sd/- Assistant Registrar(CS-III) // True Copy// Sub Assistant Registrar dna To 1.The District Munsif-cum-Judicial Magistrate, Pochampalli, Krishnagiri District.

2.The Inspector of Police Pochampalli Police Station Krishnagiri District.

3.The Public Prosecutor, High Court, Madras.

+1cc to Mr.E.Kannadasan, Advocate, SR.No.15330. CRL.O.P.No.3895 of 2020 CA(CO) CSR: 26.02.2020 https://hcservices.ecourts.gov.in/hcservices/