Madras High CourtCRL RC/1372/2023disposed of

R.Geetharajkumar v. The State Rep By

2023-08-04Honourable Mrs Justice R. Hemalatha6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.08.2023

CORAM

THE HONOURABLE MRS. JUSTICE R. HEMALATHA R.Geetha Rajkumar ... Petitioner Vs.

The State Rep. by The Inspector of Police (Job Racket Wing, Team VIII) Central Crime Branch, Vepery, Chennai.

... Respondent Prayer : Criminal Revision Case filed under Section 397 and 401 of Criminal Procedure Code to set aside the order passed in Crl.M.P.No.24295/2023 in Crl.M.P.No.14510/2022 in C.C.No.3141/2023 dated 28.06.2023 on the file of the Additional CCB & CBCID Court, Metropolitan Magistrate, Egmore, Chennai. For Petitioner : Mr.K.M.Subramanian For Respondent : Mr.R.Vinothraja, GA (Crl. Side)

ORDER

Challenging the orders dated 28.06.2023 passed by the learned Additional CCB & CBCID Court, Metropolitan Magistrate, Egmore, Chennai in Crl.M.P.No.24295/2023 in Crl.M.P.No.14510/2022 in C.C.No.3141/2023, the present revision is filed. 2.The revision petitioner filed a petition in Crl.M.P.No.14510/2022 under Section 451 Cr.P.C. seeking interim custody of Maruti Swift Dezire ZXI Car bearing registration No.TN-22DA-4621. The learned trial court judge, vide orders dated 07.07.2022 granted interim custody of the car on certain conditions. Since challenge is made to condition No.1 it is extracted hereunder : i. "The petitioner shall execute a bond for Rs.10 Lakhs to the said car Swift Dezire ZXI bearing Reg.No.TN-22-DA-4621 along with sureties for the like sum.

3.Thereafter, the petitioner herein filed another petition in Crl.M.P.No.24295/2023 to modify the first condition, stating that the

execution of bond for Rs.10 Lakhs is on the higher side. The learned Metropolitan Magistrate, Additional CCB & CBCID Court, Egmore, Chennai dismissed the said petition vide his orders dated 28.06.2023 on the ground that the petitioner was directed to execute a bond for Rs.10,00,000/- based on the value of the car.

4. Aggrieved over the same, the present criminal revision is filed.

5. Heard, Mr.K.M.Subramanian, learned counsel for the revision petitioner and Mr.R.Vinothraja, learned Government Advocate (Crl. Side) for the respondent.

6. Mr.K.M.Subramanian, learned counsel for the revision petitioner contended that the Maruti Swift Dezire Car is 2015 model and the car is not even worth about Rs.3,50,000/-. Therefore, he prayed for modification of condition No.1 imposed by the learned Metropolitan Magistrate, CCB & CBCID, Egmore, Chennai.

7.Mr.R.Vinothraja, learned Government Advocate (Crl. Side) for the respondent did not raise any serious objection.

8. Accordingly, this Criminal Revision Petition is allowed. The Condition No.1, imposed by the CCB & CBCID, Metropolitan Magistrate, Egmore, Chennai vide her orders dated 07.07.2022 in Crl.M.P.No.14510/2022 is modified as under:

"The petitioner shall execute a bond for a sum of Rs.1,00,000/- with two sureties for like sum each to the satisfaction of the concerned Magistrate."

04.08.2023 Index: Yes/No Internet: Yes/No Speaking/Non-Speaking order mtl

To 1.The Metropolitan Magistrate, Additional CCB & CBCID Court, Egmore, Chennai.

2.The Inspector of Police (Job Racket Wing, Team VIII) Central Crime Branch, Vepery, Chennai.

R. HEMALATHA, J.

mtl 04.08.2023