Madras High CourtCRL RC/571/2015ordered

Mohamed Shareeph v. State Rep. By

2015-06-19Honourable Mr Justice B. Rajendran2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.6.2015

CORAM:

THE HONOURABLE MR. JUSTICE B.RAJENDRAN Crl.R.C.No.571 of 2015 Mohamed Shareeph : Petitioner versus State by Inspector of Police, Avinashi Police Station, Crime No.16/2014 Tiruppur : respondent Revision filed against the order dated 4.6.2015 in M.P.No.2718 of 2015 on the file of the Judicial Magistrate, Avinashi. For petitioner : Mr.K.Govi Ganesan For respondent : Mr.V.Arul, Government Advocate

O R D E R

The petitioner claims to be owner of the vehicle and according to him, the driver engaged by him used the vehicle unauthorizedly for transporting cows to Kerala.

2. Initially, the lower Court had imposed a condition that Rs.2,00,000/- (Rupees Two Lakhs only) should be deposited for a period of one year in fixed deposit. Now that period is over. Therefore, the petitioner has filed an petition before the lower Court for return of the fixed deposit amount. The lower Court has rejected prayer, against which, the present revision has been filed.

3. As rightly pointed out by the learned Government Advocate (Criminal Side), the case is still pending. Therefore, the amount cannot be returned to the petitioner now. The lower Court is directed to renew the fixed deposit for a period of two years or till the case is over, whichever is earlier. Only after the case is finally decided, the request of the petitioner for return his money will be considered by the learned Magistrate, in accordance with law. There shall be a direction to the learned Magistrate to dispose of the case as expeditiously as possible.

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4. The revision is disposed of accordingly.

Sd/- Assistant Registrar True Copy Sub Assistant Registrar tar To 1.The Inspector of Police, Avinashi Police Station, Crime No.16/2014 Tiruppur

2. Judicial Magistrate, Avinashi 3.The Public Prosecutor, Madras High Court.

4.Do Thro The Chief Judicial Magistrate, Tiruppur 1 cc to Mr.K.Govi Ganesan , Advocate Sr.No.30271 Crl.R.C.No.571 of 2015 svi(co) pmk.30.6.2015 https://hcservices.ecourts.gov.in/hcservices/