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Madras High CourtCRL OP/9139/2020modified

Sudha v. State Rep By

2020-06-25Honourable Mr Justice G.K. Ilanthiraiyan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.06.2020

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No. 9139 of 2020 Sudha,W/o.Arumugam, No.124-A, Sooriyampalayam, Manickkanathan Post, Paramathy Velur Taluk, Namakkal District.

... Petitioner/Petitioner /owner of the vehicle Vs The State represented by The Inspector of Police, Velur Police Station, Namakkal District (Crime No. 110 of 2020) ... Respondent/Respondent PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to modify the condition imposed by the learned Principal Sessions Judge, Namakkal, order dated 15.06.2020 made in C.M.P.No.653 of 2020 "(i) the petitioner shall deposit a sum of Rs.1,00,000/- (Rupees One Lakh Only) before the Jurisdictional Tahsildar as non-refundable deposit. After receipt of the above said amount, the same will have to be deposited by the Tahsildar, to the credit of the District Mines and Minerals Foundation trust as non-refundable deposit". For Petitioner :Mr.W.Camyles Gandhi For Respondent :Mr.M.Mohamed Riyaz, Additional Public Prosecutor.

O R D E R

The petitioner filed this petition to modify the condition imposed by the learned Principal Sessions Judge in Crl.M.P.No.653 of 2020 on 15.06.2020 that the deposit a sum of Rs.1,00,000/- (Rupees One Lakh Only) before the Jurisdictional Tahsildar as non-refundable deposit. After receipt of the above said amount, the same will have to be deposited by the Tahsildar, to the credit of the District Mines and Minerals Foundation trust as non-refundable deposit.

2. The learned counsel appearing for the petitioner submitted that the petitioner's vehicle is in very damaged condition. It is very difficult to deposit the huge amount of Rs.1,00,000/- to release the vehicle. The said vehicle is the https://hcservices.ecourts.gov.in/hcservices/

prime source cater the livelihood of her family and due to the present situation of lockdown imposed for Curb COVID-19, the Petitioner is also not financially sound and even she is obtaining hand loan for leading her day to day life. Hence, prayed to modify the condition imposed in C.M.P.No.653 of 2020 dated 15.06.2020.

3. Heard Mr.W.Camyles Gandhi, learned counsel appearing for the petitioner and Mr.M.Mohamed Riyaz, learned Additional Public Prosecutor (Crl.Side) appearing for the State.

4. Considering the facts and circumstances of the case, the condition (i) imposed on the petitioner by the learned Principal Sessions Judge in Crl.M.P.No.653 of 2020 dated 15.06.2020 is modified to the effect that the petitioner shall deposit a sum of Rs.50,000/- (Rupees Fifty Thousand Only) before the Jurisdictional Tahsildar as non-refundable deposit. After receipt of the above said amount, the same will have to be deposited by the Tahsildar, to the credit of the District Mines and Minerals Foundation trust as non-refundable deposit. Other conditions shall remain unaltered. This petition is ordered accordingly.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar pns To

1. The Principal Sessions Judge, Namakkal.

2. The Inspector of Police, Velur Police Station, Namakkal District.

(Crime No. 110 of 2020)

3. The Public Prosecutor, High Court, Madras.

4. The Tahsildar, Namakkal District.

CRL.O.P.No.9139 of 2020 RJI(CO) GS(13/07/2020) https://hcservices.ecourts.gov.in/hcservices/