Madras High CourtCRL RC/1213/2020disposed of

M/S.Argunt Aggregates v. State By Rep.By Its

2020-12-21Honourable Mr Justice M. Nirmal Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.12.2020

CORAM:

THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR CRL.RC.No.1213 of 2020 M/s.Argunt Aggregates Rep by its Managing Director Mr.Chandrasekaran .. Petitioner/owner of the vehicle /versus/ 1.The State represented by Inspector of Police, Baluchettychatram Police Station, Kancheepuram District.

(Crime No.99 of 2020) 2.M/s.Sundaram Finance Ltd., Having Office at No.45, Arcot road, Ranipet, Ranipet District.

.. Respondent/Respondents ( No relief is sought from the second respondent since noobjection letter given before District and Sesions Court, Kancheepuram at Chengalpattu. Hence given up) Prayer: Criminal Revision Case filed under Section 397 and 401 of Code of Criminal Procedure filed to set aside the impugned condition No.2 and condition no.4 made in Crl.M.P.No.2755 of 2020 by order dated 07.12.2020, passed by the District and Sessions Judge, Kancheepuram District at Chengalpattu and consequently return the petitioner Vehicle No.TN-73-H-7822 forthwith 2020.

For Petitioner : Mr.P.P.Shanmugasundaram For Respondent : Mr.C.Iyyappa Raj Additional Public Prosecutor

ORDER

This Revision is filed to set aside the conditions imposed on the petitioner by the District and Sessions Judge, Kancheepuram District at Chengalpattu by its order dated 07.12.2020 in Crl.M.P.No.2755 of 2020 that "2.The petitioner is

directed to deposit a sum of Rs.1,00,000/- before the Tahsildar, Kancheepuram and on deposit, the said amount has to be deposited by the Tahsildar, Kancheepuram to the credit of the District Mines and Minerals Foundation Trust as Non refundable deposit and 4. The petitioner is directed to submit the Original R.C.Book of the Goods Carrier Tipper bearing Reg.No.TN-73-H-7822 before the Judicial Magistrate no.I, Kancheepuram". 2.The learned counsel for the petitioner submitted that the vehicle was seized in the month of February 2020 and the same is lying with the respondent Police, the fitness certificate and insurance is also expired on 28.09.2020. Without the Original RC Book the petitioner will not be able to renew the Fitness Certificate and Insurance. He further submitted that the petitioner is finding difficulty in complying the condition to deposit a sum of Rs.1,00,000/- though he had spent huge money in seizure of the vehicle. Hence seeks to modify the Condition Nos.2 and 4 imposed on the petitioner.

3.Considering the submission made by the learned counsel for the petitioner, this Court is inclined to modify the condition imposed on the petitioner. Hence, the petitioner is directed to deposit a sum of Rs.50,000/- (Rupees Fifty Thousand Rupees Only) before the Tahsildar, Kancheepuram and on deposit, the said amount has to be deposited by the Tahsildar, Kancheepuram to the credit of the District Mines and Minerals Foundation Trust as Non refundable Deposit. The Petitioner after renewing the fitness certificate and insurance shall produce the photostat copy of the R.C Book along with the letter from M/s.Sundaram Finance before the Judicial Magistrate No.I, Kancheepuram. 4.With the above direction, this Criminal Revision Case is disposed of.

Sd/- Asst.Registrar (CS III ) /true copy/ Sub Asst. Registrar rst

To:

1.The District and Sessions Judge, Kancheepuram District at Chengalpattu.

2 The Inspector of Police, Baluchettychatram Police Station, Kancheepuram District.

3.The Tahsildar Kancheepuram District 4.The Public Prosecutor, High Court, Madras.

+1 cc to Mr.P.P.Shanmugasundaram Advocate sr42127 CRL.R.C.No.1213 of 2020 aa28/12/2020