Madras High CourtCRL OP/5559/2021allowed

Vijayan v. State Rep.By

2021-03-25Honourable Mr Justice N. Anand Venkatesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.03.2021

CORAM:

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.OP.No.5559 of 2021 Vijayan ... Petitioner Vs.

State Rep. by its The Inspector of Police, Vaniyambadi Police Station, Thirupathur.

(Crime No.44/2021) ... Respondent PRAYR: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to modify the condition imposed on the petitioner by the learned Principal Sessions Judge, Vellore in C.M.P.No.839 of 2021 dated 12.03.2021 The petitioner is directed to deposit a sum of Rs.50,000/- before the concerned Magistrate Court within one month. For Petitioner : Mr.R.Parthiban For Respondent : Mr.M.Mohamed Riyaz, Additional Public Prosecutor

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.839 of 2021, 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 12.03.2021, had imposed certain conditions and one such condition was that the petitioner is directed to deposit a sum of Rs.50,000/- before the concerned Magistrate Court within one month. 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.4 shall stand modified as follows:

"The petitioner is directed to deposit a sum of Rs.30,000/- before the concerned Magistrate Court within one month."

https://hcservices.ecourts.gov.in/hcservices/

4.The other conditions as imposed by the Court below while passing orders in Crl.M.P.No. 839 of 2021, will stand as it is.

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

s/d- Assistant Registrar(CS VII) True Copy Sub-Assistant Registrar ssr To

1. The Principal Sessions Judge, Vellore.

2. The Judical Magistrate, Vaniampadi.

3. The Inspector of Police, Vaniyambadi Police Station, Thirupathur.

4. The Public Prosecutor, High Court, Madras.

+ 1 cc to M/s. R. Parthiban, Advocate Sr.19325 Crl.OP.No.5559 of 2021 CP(CO) EU 7.5.2021 https://hcservices.ecourts.gov.in/hcservices/