Madras High CourtCRL OP/18997/2023disposed of

Malayandi v. State Rep By

2023-08-21Honourable Mr Justice N. Anand Venkatesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.08.2023

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH Crl.O.P No.18997 of 2023 Malayandi (M/A-69) S/o.Ramayah Petitioner vs.

State, represented by The Inspector of Police Thoppur Police Station Dharmapuri.

Respondent/Complainant PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to modify the condition imposed on the petitioner in Crl.MP.No.4183 of 2023 dated 09.06.2023 on the file of the Judicial Magistrate No.II (FAC), Dharmapuri, i.e., the petitioner is directed to execute a bond for sum of Rs.1,00,000/-.

For Petitioner : Mr.G.Mohammed Aseef For Respondent : Mr.A.Gopinath Government Advocate (Crl. Side)

ORDER

This criminal original petition has been filed seeking for modification of one of the condition imposed by the Court below while allowing the application filed by the petitioner for return of vehicle in CMP.No.4183 of 2023 dated 09.6.2023.

2.Heard the learned counsel for the petitioner and the learned Government Advocate (Crl. Side) for respondent. 3.The petitioner is aggrieved by the following condition imposed by the Court below:

1.The petitioner shall execute a bond for sum of Rs.1,00,000/-. 4.Taking into consideration the facts and circumstances of the case and also of the fact that the petitioner is not an accused in this case and he is only owner of the vehicle, this Court is inclined to modify the condition imposed by the Court below in the following manner:

1.The petitioner shall execute a bond for a sum of Rs.10,000/- with two sureties for the like sum to the satisfaction of the Court.

5.The condition imposed by the Court below is modified to the extent

indicated herein above. The other conditions imposed by the Court below shall stand as it is.

6.This Criminal Original Petition is disposed of accordingly. 21.08.2023 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order kp Note: Issue Order Copy on 22.08.2023 To 1.The Inspector of Police Thoppur Police Station Dharmapuri.

2. Judicial Magistrate No.II (FAC), Dharmapuri.

3.The Public Prosecutor, High Court, Madras.

N. ANAND VENKATESH, . J.

kp Crl.O.P No.18997 of 2023 21.08.2023