A.Remisha v. The State Rep By, The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.07.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN A.Remisha .....

Petitioner Vs The State Represented by Inspector of Police, B.1, Bazaar police station, Coimbatore.

Crime No.15 of 2024 .....

Respondent PRAYER: Criminal Revision Case is filed under Sections 438 r/w 442 Bharatiya Nagarik Suraksha Sanhita, 2023 to call for the records culminating in Crl.M.P.No.663 of 2025 in Cr.No.268 of 2024 on the file of Additional District Judge/Presiding Officer, Special Court for Essential Commodities Act Cases, Coimbatore vide order dated 09.04.2025, set aside the same and modify the condition imposed in Paragraph 4(1) of the said order.

For Petitioner : M/s.Gerthanaasri For Respondent : Mr.A.Gopinath, Government Advocate (Crl.side)

O R D E R

This Criminal Revision Case has been preferred as against the order dated 06.04.2025 passed by the learned Additional District Judge/Presiding Officer, Special Court for Essential Commodities Act Cases, Coimbatore in Crl.M.P.No.663 of 2025 in Crime No.268 of 2024 thereby giving interim custody of the Mobile phone to the petitioner.

2. Learned counsel appearing for the petitioner would submit that the petitioner could not comply with the condition imposed by the Trial Court with respect to production of sureties each for a sum of Rs.19,000/- since the entire value of the vehicle itself is only Rs.10,000/. However, the trial court without considering the same, has mechanically passed an order imposing the said condition. Hence, the learned counsel for the petitioner sought modification of the condition with regard to production of sureties in the order dated 09.04.2025.

3. Heard the learned counsel appearing on either side and perused the materials placed on record.

4. Even a bare perusal of the order dated 09.04.2025 passed in Crl.M.P.No.663 of 2025 reveals that condition no.2 imposed therein is onerous as the said condition has been imposed by the trial court without considering the value of the vehicle. In such view of the matter, this Court is inclined to modify condition no.2 of the order dated 06.04.2025 in Crl.M.P.No.663 of 2025 by directing the petitioner herein to execute surety for a sum of Rs.19,000/- alone. All other conditions in the order dated 07.02.2025 shall remain unaltered.

5. Accordingly, this Criminal Revision Case is partly allowed. 07.07.2025 (2/2) Index : Yes/No : Yes/No Speaking/non-speaking order Nhs G.K.ILANTHIRAIYAN, J.

Nhs To 1.The learned Additional District Judge/Presiding Officer, Special Court for Essential Commodities Act Cases, Coimbatore.

2. The Inspector of Police, B.1, Bazaar police station, Coimbatore.

3.The Public Prosecutor, High Court of Madras, Chennai-600 104.

07.07.2025 (2/2)