Chellappa v. State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.02.2024

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Chellappa S/o.Ramalingam

...Petitioner

Vs State represented by The Inspector of Police, K-5, Peravvallur Police Station, Chennai.

... Respondent PRAYER : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, 1973, praying to modify the condition "the petitioner/owner of vehicle shall execute a bond for a sum of Rs.7,00,000/- (Rupees Seven Lakhs only) along with a surety for the same amount with the satisfaction of the court" passed in Crl.M.P.No.45303 of 2023 dated 29.01.2024 on the file of V Metropolitan Magistrate, Egmore, Chennai. For Petitioner : Mr.R.Muthukumar For Respondent : Mr.A.Damodaran Additional Public Prosecutor ***** 1/4

O R D E R

This petition has been filed aggrieved by one of the condition imposed by the Court below while allowing the petition filed by the petitioner seeking for return of vehicle u/s.457 Cr.P.C.

2. Heard Mr.R.Muthukumar, learned counsel for petitioner and Mr.A.Damodaran, learned Additional Public Prosecutor appearing for respondent.

3. The respondent police, in the course of investigation in Crime No.95 of 2023 seized the vehicle belonging to the petitioner. In this case, the petitioner has been arrayed as an accused. The petitioner filed an application seeking for return of the vehicle. The Court below allowed the application by imposing certain conditions. The petitioner is aggrieved by condition (1) imposed and for proper appreciation, the same is extracted hereunder: "the petitioner/owner of the property shall execute a bond for a sum of Rs.7,00,000/- along with one surety for the same amount with the satisfaction of this court"

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4. Taking into consideration the facts and circumstances of the case and considering the nature of offence involved in this case and also the fact the petitioner has been arrayed as A1, the condition (1) (extracted above) imposed by learned V Metropolitan Magistrate, Egmore, Chennai, in Crl.M.P.No.45303 of 2023 dated 29.01.2024, is modified to the effect that the petitioner shall execute a bond for a sum of Rs.2,50,000/- with two sureties each for a sum of Rs.25,000/-. All other conditions imposed by the Court below shall remain unaltered.

Accordingly, this Criminal Original Petition is disposed of. 21.02.2024 Index : Yes/No Speaking order:Yes/No gm N.ANAND VENKATESH, J gm 3/4

To 1.The V Metropolitan Magistrate, Egmore, Chennai.

2.The Inspector of Police, K-5, Peravvallur Police Station, Chennai.

3.The Public Prosecutor, High Court, Madras.

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