Kanchana Devi v. The State Rep B Y

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Tuesday, the Twenty First day of December Two Thousand Twenty One PRESENT The Hon`ble Mrs Justice T.V.THAMILSELVI CRIMINAL MISCELLANEOUS PETITION No.13648 of 2021 IN CRL OP.20905/2013 1 KANCHANA DEVI [ PETITIONERS ] 2 S.BALAJI Vs THE STATE REP.BY [ RESPONDENT ] THE INSPECTOR OF POLICE, ANTI LAND GRABBING SPECIAL CELL-2, CENTRAL CRIME BRANCH -2 EGMORE, CHENNAI-8.

CR.NO.53/2013.

Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to modify the conditions imposed in the order passed in Crl.O.P.No.20905/2013 dated 29/08/2013 and return the Two front Door Keys of the flat surrendered in the case pending in C.C.No.46/2021 on the file of the Judicial Magistrate Court-I, at Tambaram and thus render justice dated at chennai on this the 16th August 2021. Order : This petition coming on for orders upon perusing the petition and the filed in support thereof and upon hearing the arguments of M/S.M.MARIMUTHU, Advocate for the petitioner, and of M/S.A.GOKULAKRISHNAN, Additional Public Prosecutor, on behalf of the Respondent, the court made the following order:- This petition has been filed to modify the conditions imposed in the order passed in Crl.O.P.No.20905 of 2013 dated 29.08.2013 and return the two front door keys of the flat surrendered in the case pending in CC.No.46 of 2021 on the file of the Judicial Magistrate No.I, Tambaram.

2. As per the order passed in Crl.O.P.No.20905 of 2013, the learned counsel for the petitioner submitted that for the past 9 years, the said flats were without maintenance and in the dilapidated condition and in order to maintain the property, the petitioner needs two front door keys which were surrendered before the respondent police. Hence he filed the present petition to return the two front door keys.

3. The learned Additional Public Prosecutor submitted that while granting bail, this Court was ordered to get the keys along with other documents and at the time of filing of the final report, the police investigating agency surrendered the documents as well as the keys to the Trial court and now the matter is pending before the trial court.

4. Considering the facts and circumstances of the case, since the case is ripe for trial, if the petitioner wants keys to maintain the property, he has to approach the trial court. On filing of such application, the trial Judge is directed to disposed the petition on merits.

5. Accordingly, this Criminal Original Petition is ordered. -sd/- 21/12/2021 This order, on being produced, be punctually observed and carried into execution by all concerned TRUE COPY Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.

TO 1 THE JUDICIAL MAGISTRATE, ALANDUR, CHENNAI.

2 THE JUDICIAL MAGISTRATE, NO.I, TAMBARAM.

3 THE CHIEF JUDICIAL MAGISTRATE CHENGALPATTU [FOR INFORMATION] 4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

THE INSPECTOR OF POLICE, ANTI LAND GRABBING SPECIAL CELL-2, CENTRAL CRIME BRANCH -2 EGMORE, CHENNAI-8.

C.C. to M/S.M.MARIMUTHU Advocate on payment of necessary charges Order in CRL MP.13648/2021 in CRL OP.20905/2013 Date :21/12/2021 From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format TA-27/12/2021