S.Manivannan v. State By Inspector Of Police

Crl.M.P.No.4376 of 2020 in Crl.R.C.No.190 of 2020 P.VELMURUGAN, J.

Today, the matter came up under the caption 'for modification'. When the matter is taken up for hearing, there is no representation on behalf of the petitioner.

2. This Court while passing the order in Crl.R.C.No.190 of 2020 on 20.02.2020, imposed the following conditions :- "5. i.the petitioner shall deposit a sum of Rs.75,000/- (Rupees Seventy Five 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; ii.the petitioner shall execute a personal bond for a sum of Rs.10,000/- with two sureties each for a like sum to the satisfaction of the District and Sessions Judge, Nagapattinam. The petitioner and the sureties shall affix their photographs and give the copies of their Aadhaar Card;

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iii.the petitioner shall give an undertaking before the respondent/ authority concerned stating that he will not use the vehicle in question for any illegal activities in future and shall produce the same as and when required by the respondent and also the trial Court, failing which the respondent/trial Court is at liberty to confiscate the vehicle; iv.the petitioner shall not alienate the vehicle in question till the disposal of the proceedings before the authority concerned;

v.the petitioner shall take photograph of the vehicle and submit the same along with Compact Disc duly certified under Section 65-B of the Indian Evidence Act, 1872; vi.the petitioner shall surrender the original R.C. book before the District and Sessions Judge, Nagapattinam. ; and vii.the petitioner is also directed to participate in the enquiry to be conducted by the respondent.

viii. It is also made clear that after release of the vehicle on complying with the conditions imposed by this court, if the said vehicle is found to be involved in any of the offence, it is always open to the respondent to proceed further for confiscation.

ix. Petition relating to return of R.C. Book for any purpose in the future, may be filed before the District and Sessions Judge, Nagapattinam, who may consider the same on merits."

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Subsequently, the petitioner filed the present criminal miscellaneous petition for modification in the condition No.1 to deposit Rs.75,000/- to the credit of Jurisdictional Tahsildar.

3. On a perusal of the records, this Court is not satisfied with the reasons assigned in the affidavit filed in support of the petition for modification of the order dated 20.02.2020 in Crl.R.C.No.190 of 2020 and even, there is no representation on behalf of the petitioner.

4. Hence, this Criminal Miscellaneous Petition stands dismissed. 19.01.2021 sni 3/4

P.VELMURUGAN, J.

Sni Crl.M.P.No.4376 of 2020 in Crl.R.C.No.190 of 2020 19.01.2021 4/4