Ar Travels v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.04.2022 CORAM :

THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.6892 of 2022 A.R.Travels Represented by its Proprietor Arul ... Petitioner/A1 Vs.

The Inspector of Police, Sathyamangalam Police Station, Sathyamangalam, Crime No:581 of 2021.

... Respondent PRAYER: This Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, pleased to modify the condition passed in Crl.M.P.No.242 of 2019 by its order dated 11.02.2019, specifically in Point No.1 that this petitioner should produce two sureties worth Rs.6,00,000/-.

For Petitioner : Mr.S.Kartik For Respondent : Mr.A.Gokulakrishnan Additional Public Prosecutor

O R D E R

The Criminal Original Petition has been filed seeking to modify the condition passed in Crl.M.P.No.242 of 2019 by an order dated 11.02.2019, specifically in Point No.1 that the petitioner should produce two sureties worth Rs.6,00,000/-.

2. Learned counsel appearing for the petitioner would submit that the petitioner is an accused in Crime No.581 of 2018 registered by the respondent. The petitioner is running travels company in the name and style of AR Travels. The petitioner's four wheeler named Tavera bearing registration No.TN 12 S 0254 was seized by the respondent in connection with this case. The learned Judicial Magistrate by an order dated 11.02.2019 in Crl.M.P.No.242 of 2019, granted interim custody of the vehicle to the petitioner on condition that the petitioner shall undertakes to produce the vehicle once in every month and the petitioner shall also directed to execute a bond for a sum of

Rs.6,00,000/- with two sureties for a likesum.

3. He would also submit that the vehicle is a old car and it is not worth of Rs.6,00,000/-. He would further submit that the petitioner, due to his financial position, is unable to execute a bond for Rs.6,00,000/-. Thereby, the present petition has been filed to modify the condition No.1 in Crl.M.P.No.242 of 2019, dated 11.02.2019.

4. Learned Additional Public Prosecutor would submit that the petitioner is an accused in this case and the petitioner's vehicle was seized by the respondent police in connection with Crime No.581 of 2018.

5. Heard the learned counsel and perused the materials available on record.

6. Considering the facts and submissions made by the learned counsel for the petitioner, the condition imposed upon the petitioner in Crl.M.P.No.242 of 2019, dated 11.02.2019. in para 5(1) alone is modified as follows and the other conditions remain unaltered.

"The petitioner shall produce the vehicle monthly once before the trial Court and he shall file an affidavit of undertaking that he will not dispose or alter the physical features of the vehicle and the petitioner is also directed to execute a bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with two sureties for a likesum, instead of Rs.6,00,000/- (Stated earlier)."

7. Accordingly, this Criminal Original Petition stands ordered with the above direction.

Sd/- Assistant Registrar(CS-IV) //True Copy// Sub Assistant Registrar rgi/ham To

1. The Judicial Magistrate, Sathyamangalam.

2. The Inspector of Police, Sathyamangalam Police Station, Sathyamangalam,

3. The Public Prosecutor, High Court of Madras.

Crl.O.P.No.6892 of 2022 PA(CO) SB(12/04/2022)