Vinayagam @ Vinayagamoorthy v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.11.2021

CORAM

THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI Crl.O.P.No.21577 of 2021 Vinayagam @ Vinayagamoorthy, M/52 years, W/o.Ganesan ... Petitioner Vs.

The State Represented by, The Inspector of Police, Sunguvarchathiram Police Station, Cr.No.268 of 2021.

... Respondent Prayer:

Criminal Original Petition has been filed under Section 482 of the Code of Criminal Procedure, to direct the respondent to modify 2nd condition directed to remit a non refundable deposit of Rs.75,000/- to the Tahsildar Sriperumbudur by way of demand draft payable to the credit of "The District Mines and Minerals Foundation Trust" imposed by learned Principal District and Sessions Judge of Kancheepuram at Chengalpattu on 07.10.2021 in Crl.MP.No.3641 of 2021.

For Petitioner : Mr.K.Karthik For Respondent : Mr.N.S.Suganthan Government Advocate (Crl.Side)

O R D E R

This Criminal Original Petition has been filed to modify the condition imposed by the learned Principal District and Session Judge, Kancheepuram District, in Crl.M.P.No.3641 of 2021 dated 07.10.2021.

2. The learned counsel for the petitioner submitted that the petitioner is the owner of the vehicle TAFE Ltd Agriculture Tractor bearing Registration No.TN-87-B-8683 and the same has not been returned to the petitioner and the lower Court, while granting anticipatory bail to the petitioner, the trial Court imposed a condition that the petitioner was directed to remit a

non-refundable deposit of Rs.75,000/- to the Tahsildar, Sriperumbudur by way of demand draft and on production of the copy and receipt, the petitioner is directed to execute a bond for a sum of Rs.75,000/- with two sureties, each for a like sum to the satisfaction of the Judicial Magistrate, Sriperumbudur, and the petitioner is entitled to receive the vehicle on interim custody. However, he is unable to mobilize the funds to remit a non-refundable deposit. Hence, the modification petition has been filed by the petitioner.

3. Heard the learned Government Advocate (Criminal Side) appearing for the respondent police.

4. Considering the facts and circumstances of the case, reason is justifiable, hence, this Court modifies the condition no.(2) that instead of directing to remit a non-refundable deposit of Rs.75,000/- (Rupees Seventy Five Thousand only), the petitioner is directed to remit a non-refundable deposit of Rs.20,000/- to the Tahsildar, Sriperumbudur by way of demand draft payable to the credit of "The District Mines and Minerals Foundation Trust". The other conditions imposed by the Court shall remain intact.

5. With the above modification, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar drl To

1. The Principal District and Session Judge, Kancheepuram District at Chengalpattu.

2. The Judicial Magistrate, Sriperumbudur.

3. Do thro-The Chief Judicial Magistrate,

4. The Inspector of Police, Sunguvarchathiram Police Station,

5. The Public Prosecutor, Madras High Court.

Copy To

1. The Chairman/District Collector, District Mineral Foundation Trust of Kancheepuram District,

2. The Tahsildar, Sriperumbudur.

Crl.O.P.No.21577 of 2021 GPL(CO) PM/13/12/2021