Appu @ Narasiyappan v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.11.2021

CORAM

THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI Crl.O.P.No.21849 of 2021 Appu @ Narasiyappan, S/o.Thulukanam ... Petitioner Vs.

1. State.rep by its Inspector of Police, Padalam Police Station, (Crime No.453 of 2021)

2. The Assistant Director, Mines and Minerals Department, Kancheepuram, Kancheepuram District.

3. The Tahsildar, Madhuranthagam Taluk, ... Respondents Prayer: Criminal Original Petition has been filed under Section 482 of Cr.P.C , to modify the condition imposed by the learned Principal Sessions Judge, Kancheepuram District at Chengalpattu, Order dated 17.09.2021 made in Crl.MP.No.3642 of 2021 " 6(2) The petitioner is directed to remit a non-refundable deposit of Rs.1,00,000/- to the Tahsildar, Madhuranthagam by way of demand draft payable to the credit of the District Mines and Minerals Foundation Trust.

For Petitioner : Mr.G.Punniakoti For Respondents : Mr.N.S.Suganthan Government Advocate (Crl.Side)

O R D E R

This petition has been filed for seeking modification of the the conditions imposed by the Court below while allowing the application in Crl.MP.No.3642 of 2021, filed by the petitioner

for return of vehicle. The Court below while allowing the application under Sections 451 r/w 457 of Cr.P.C, seeking for return of vehicle, by order dated 17.09.2021, had imposed certain conditions and one such condition was that the petitioner should deposit a sum of Rs.1,00,000/- before the Tahsildar, Madurantakam and on deposit, the said amount has to be deposited by the Tahsildar, Madurantakam to the credit of the District Mines and Minerals Foundation as Non-refundable deposit.

2. The learned counsel for the petitioner submits that the petitioner was not able to mobilize funds due to the pandemic situation and seeks for modification of the condition.

3. Taking into consideration the facts and circumstances of the case, the condition in Paragraph No.6(2) shall stand modified as follows:

" The petitioner is directed to deposit Rs.50,000/- before the Tahsildar, Madurantakam by way of demand draft payable to the credit of the District Mines and Minerals Foundation Trust as Non-refundable Deposit".

4. The other conditions as imposed by the Court below while passing orders in Crl.MP.NO.3642 of 2021, will stand as it is.

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

Sd/- Assistant Registrar(CS) //True Copy// Sub Assistant Registrar Vv/pbl To

1. The Principal Sessions Judge, Kanchipuram Ditstrict at Chengalpattu.

2.The Judicial Magistrate No.I, Chengalpattu.

3. The Inspector of Police, Padalam Police Station,

4. The Assistant Director, Mines and Minerals Department, Kancheepuram, Kancheepuram District.

5. The Tahsildar, Madhuranthagam Taluk,

6. The Public Prosecutor, Madras High Court.

+1 cc to Mr.G.Punniakoti, Advocate Sr.NO. 60376 Crl.O.P.No.21849 of 2021 CP(CO) A.SK(26.11.2021)