Virudhachalam @ Vedachalam v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 22.12.2015

CORAM

THE HONOURABLE MR.JUSTICE C.T.SELVAM Crl.R.C.No.1363 of 2015 Virudhachalam @ Vedachalam S/o.Subbiah ..

Petitioner/ Accused 2 Vs.

State represented by The Inspector of Police, CBCID Metro, Alandur, Chennai.

..

Respondent/ Complainant Criminal Revision filed under sections 397 and 401 of Criminal Procedure Code against the order of learned XI Metropolitan Magistrate, Saidapet, Chennai, passed in Crl.M.P.No.4133 of 2015 on 30.11.2015.

For Petitioner :

Mr.K.Sasindran For Respondent :

Mr.C.Iyyapparaj Government Advocate [Crl.side]

O R D E R

This revision challenges the order of learned XI Metropolitan Magistrate, Saidapet, Chennai, passed in Crl.M.P.No.4133 of 2015 on 30.11.2015.

2. Heard learned counsel for petitioner and learned Government Advocate [Crl.side].

3. By the order under challenge, the Court below refused return of the original MDS Degree Certificate of the son of the petitioner as well as the original documents of title to property. The same as also the petitioner's passport were required to be deposited as a condition of bail. Thereafter, some of the conditions have been relaxed under orders dated 18.09.2015. It is in such circumstance, the petitioner sought return of documents. The Court below, on consideration that the order of return of passport came to be passed by this Court in Crl.R.C.No.1160 of 2014 and being of the view that this Court had so directed since the other original documents were held by it, https://hcservices.ecourts.gov.in/hcservices/

informed that passing an order in favour of the petitioner would amount to interference with the order of this Court.

4. Heard learned counsel for petitioner and learned Government Advocate [Crl.side].

As the documents, return of which have been sought by the petitioner, would in no manner serve the purpose of the prosecution by their being held by the Court below, this Criminal Revision shall stand allowed. The order of learned XI Metropolitan Magistrate, Saidapet, Chennai, passed in Crl.M.P.No.4133 of 2015 on 30.11.2015 shall stand set aside. The Court below is directed to return the documents sought for by the petitioner.

Sd/- Asst.Registrar (CS III ) /true copy/ Sub Asst. Registrar gm To 1.The XI Metropolitan Magistrate, Saidapet, Chennai.

2.The Inspector of Police, CBCID Metro, Alandur, Chennai.

3.The Public Prosecutor, High Court, Madras.

1 cc to Mr.K. Sasindran, Advocate, Sr. 69391 Crl.R.C.No.1363 of 2015 GR (CO) kk 9/2 https://hcservices.ecourts.gov.in/hcservices/