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Madras High CourtCRL RC/999/2020dismissed

S.Suresh v. State Rep. By Its

2022-12-15Honourable Mr Justice P. Velmurugan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15.12.2022

CORAM:

THE HON'BLE Mr. JUSTICE P.VELMURUGAN Crl.R.C.No.999 of 2020 S.Suresh ... Petitioner Vs.

State represented by its The Inspector of Police, Thazhambur Police Station, Chengalpattu.

... Respondent Prayer:

Criminal Revision Case filed to modify the condition imposed in Crl.M.P.No.239 of 2020 by an order dated 19.02.2020 that "the petitioner is directed to deposit a sum of Rs.1,00,000/- before the Tahsildar, Thiruporur and on deposit, the said amount has to be deposited by the Tahsildar, Thiruporur to the credit of the District Mines and Minerals Foundation Trust as Non refundable deposit", on the file of the Principal District and Sessions Judge, Kanchipuram District at (Chengalpattu). 1/6

For Petitioner : No appearance For Respondent : Mr.R.Murthi Government Advocate, (Criminal Side) * * * * *

O R D E R

This Criminal Revision Case has been filed to modify the condition imposed by an order dated 19.02.2020 passed in Crl.M.P.No.239 of 2020 on the file of the Principal District and Sessions Judge, Kanchipuram District at (Chengalpattu).

2. Today when the matter is taken up for hearing, there is no representation for the petitioner. Hence, this Court is inclined to consider the materials available on record and pass the final order in the Revision Case.

3. Since the petitioner's Tipper Lorry bearing Registration No.TN 19 D 9546 was involved in Crime No.316 of 2019 on the file of the respondent police for the offence under Section 430 and 379 IPC and during 2/6

investigation, the vehicle was seized by the respondent police. Pending investigation, the petitioner had filed the petition in Crl.M.P.No.239 of 2020 under Section 451 read with 457 Cr.P.C., before the Principal District and Sessions Judge, Kancheepuram District at Chengalpattu, to return the vehicle to the petitioner for interim custody. While disposing of the Criminal Miscellaneous Petition, the learned Sessions Judge passed the conditional order. The petitioner has filed this Criminal Revision Case to modify the following condition passed by the Principal District and Sessions Judge, Kanchipuram District at Chengalpattu vide order dated 19.02.2020 in Crl.M.P.No.239 of 2020.

"(2) The petitioner is directed to deposit a sum of Rs.1,00,000/- before the Tahsildar, Thiruporur and on deposit, the said amount has to be deposited by the Tahsildar, Thiruporur to the credit of the District Mines and Minerals Foundation Trust as non-refundable deposit.

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4. Since the petitioner's vehicle was involved in Crime No.316 of 2019 on the file of the respondent police for the offence under Section 430 and 379 IPC, the learned Sessions Judge rightly ordered and directed the petitioner to deposit Rs.1,00,000/- before the Tahsildar, Thiruporur to the credit of District Mines an Minerals Foundation Trust. This Court do not find any perversity in the order passed by the learned Sessions Judge and there is no reason to modify the condition imposed on the petitioner.

5. In view of the above, the Criminal Revision Case is dismissed. 15.12.2022 mfa Index:yes/No Internet:yes/No 4/6

To

1. The Principal District and Sessions Judge, Principal District and Sessions Court, Kanchipuram District at (Chengalpattu).

2. The Inspector of Police, Thazhambur Police Station, Chengalpattu.

3. The Public Prosecutor, High Court, Madras.

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P.VELMURUGAN , J.

mfa Crl.R.C.No.999 of 2020 15.12.2022 6/6