Ayyasamy v. The State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 17.08.2020

CORAM

THE HONOURABLE MR. JUSTICE M.S. RAMESH Ayyasamy

...Petitioner

Vs The State Rep. By Inspector of Police, Perambur Police Station, Nagapattinam District.

...Respondent

(Crime No.15 of 2020) Prayer: Criminal Miscellaneous Petition filed under Section 482 of Criminal Procedure Code to modify the condition that Para No.7(3) The petitioner shall hand over the original registration certificate of the vehicle bearing registration No.Not mentioned, prior to taking custody, before the concerned jurisdictional Judicial Magistrate vide order dated 27.05.2020 in Crl.R.C.No.493 of 2020.

For Petitioner : Mr.N.Chinnaraj For Respondent : Mrs.V.Sharatha Devi, Government Advocate (Crl. Side) 1/5

O R D E R

Today, the matter is called through video conferencing. By consent of both the parties, the present Criminal Miscellaneous Petition for modification is taken up.

2. The petitioner herein has filed an application seeking for modification of the earlier order of this Court dated 27.05.2020 passed in Crl.R.C.No.493 of 2020.

3. The learned counsel for the petitioner would submit that the vehicle in question is an unregistered vehicle. As such, the earlier order directing the petitioner to hand over the original registration certificate of the vehicle, is not feasible.

4. In view of the submission made by the learned counsel for the petitioner, the present Criminal Miscellaneous Petition is ordered and the 2/5

earlier order dated 27.05.2020 passed in Crl.R.C.No.493 of 2020 stands modified to the effect that Paragraph 7(3) stands deleted and consequently, the petitioner would be entitled to the custody of the vehicle, subject to the other conditions passed in the earlier order dated 27.05.2020.

5. All other observations made in my earlier dated 27.05.2020 in Crl.R.C.No.493 of 2020 shall remain intact.

17.08.2020 Index:yes/no Internet:yes/no hvk To

1. The Inspector of Police, Perambur Police Station, Nagapattinam District.

2. The Public Prosecutor, High Court of Madras.

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M.S.RAMESH,J.

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