Chinnathambi v. The State Rep By Its,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09.06.2022 C O R A M THE HONOURABLE MR.JUSTICE N. SATHISH KUMAR CRL. O.P. NO.13205 OF 2022 Chinnathambi

...Petitioner

Versus

The State Represented by, The Inspector of Police, Nannilam Police Station, Tiruvarur District.

(Crime No.420 of 2019)

...Respondent

PRAYER :

Criminal Original Petition filed under Section 482 of Criminal Procedure Code, praying to modify the condition that instead of the petitioner shall make the deposit of a sum of Rupees 1,00,000 (Rupees One Lakh only) to the District Munsif Cum Judicial Magistrate, Nannilam to deposit a sum of Rs.25,000 to the District Munsif Cum Judicial Magistrate, Nannilam in the order passed in Crl.M.P.No.395 of 2020 dated 03.11.2020 on the file of Principal Sessions Judge, Thiruvarur. For Petitioner : Mr.T.Muruganantham For Respondent : Mr.Leonard Arul Joseph Selvam Government Advocate (crl.side)

O R D E R

This Criminal Original Petition has been filed to modify the conditions imposed by the learned Principal Sessions Judge, Thiruvarur in Crl.M.P.No.395 of 2020 dated 03.11.2020 for granting interim custody of the vehicle in question.

2. Learned counsel for the petitioner submitted that the only grievance of the petitioner is that the first condition imposed by the learned Principal Sessions Judge, Thiruvarur is https://hcservices.ecourts.gov.in/hcservices/

impractical and it is difficult to deposit a sum of Rs.1 Lakh before the learned District Munsif cum Judicial Magistrate, Nannilam. He further submitted that the petitioner is the sole bread winner of his family and due to the pandemic situation, the livelihood of the petitioner is very much affected. Hence, he prays for some modification.

3. In view of the above, the first condition imposed by the learned Principal Sessions Judge, Thiruvarur is modified. The petitioner shall deposit a sum of Rs.50,000 (Rupees Fifty Thousand Only), to the satisfaction of the learned District Munsif Cum Judicial Magistrate, Nannilam. The rest of the conditions imposed by the Trial Court are unaltered.

4. With the above modification, this Criminal Original Petition is allowed.

Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar shk/rgi To

1. The Principal Sessions Judge, Thiruvarur

2. The learned District Munsif Cum Judicial Magistrate, Nannilam

3. The Inspector of Police, Nannilam Police Station, Tiruvarur District.

4. The Public Prosecutor High Court, Madras.

+1cc to Mr.T.Muruganantham, Advocate, S.R.No.33545 Crl. O.P. No.13205 of 2022 PMK(CO) PM/16/06/2022 https://hcservices.ecourts.gov.in/hcservices/