Madras High CourtCRL OP/5520/2021disposed of

Rajkumar v. State Rep By

2021-03-22Honourable Mr Justice N. Anand Venkatesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :22.03.2021

CORAM

THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH CRL.O.P.No.5520 of 2021 Rajkumar ... Petitioner/Owner of the vehicle Vs.

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

Crime No.1331 of 2020 ... Respondent/Complainant PRAYER: Criminal Original petition is filed under Section 482 of Criminal Procedure Code, to modify the condition imposed in Crl.MP.No.3288 of 2020 dated 21.12.2020 by the learned Principal District and Sessions Judge,Kancheepuram district at Chengalpattu to deposit the amount of Rs.1,00,000/- into the amount of Rs.25,000/-.

For Petitioner : Mr.M.Prabhakar For Respondent : 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 Crl.MP.No.3288 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 21.12.2020, had imposed certain conditions and one such condition was that the petitioner should deposit a sum of Rs.1,00,000/- before the Tahsildar, 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.

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, 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.MP.No.3288 of 2020, will stand as it is.

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

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

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

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

3. The Tahsildar, Sriperumbudur.

4. The Secretary, District Mines and Minerals Foundation Trust, Kancheepuram.

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

+1cc to Mr.M.Prabhakar, Advocate, SR.No.24836 (30/04/2021) CRL.O.P.No.5520 of 2021 PL(CO) TE(20/04/2021) https://hcservices.ecourts.gov.in/hcservices/