Madras High CourtCRL OP/23902/2021modified

Lokesh v. State Rep By

2021-12-13Honourable Mrs Justice T.V.Thamilselvi2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.12.2021

CORAM

THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI Crl.O.P.No.23902 of 2021 Lokesh S/o.Shivanna ...Petitioner Vs.

State Rep. By Inspector of Police, Kelamangalam Police Station, Krishnagiri.

(CrimeNo.42 of 2020) ...Respondent Prayer: Criminal Original Petition has been filed under Section 482 of Cr.P.C , to set aside the order of the conditions in Crl.M.P.No.584 of 2021 dated 03.08.2021 on the file of the learned Principal District and Session Judge, Krishnagiri. For Petitioner : M/s.B.Aravinthan For Respondent : Mr.Gokulakrishnan Additional Public Prosecutor

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.584 of 2021, filed by the petitioner for return of vehicle. The Court below while allowing the application under Sections 451 of Cr.P.C, seeking for return of vehicle, by order dated 03.08.2021, had imposed certain conditions and one such condition was that the petitioner should deposit a sum of Rs.30,000/- to the credit of the Chief Education Officer, Krishnagiri on or before 17.08.2021 as non refundable deposit and to produce the same before the District Munsif Cum Judicial Magistrate, Denkanikottai.

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, and also the pandemic situation, though the petitioner https://hcservices.ecourts.gov.in/hcservices/

on his own volition came forward to pay the said amount, in the interest of justice, the amount of Rs.30,000/- as found in the order dated 03.08.2021 shall stand modified as Rs.20,000/- and a further period of two weeks is granted to the petitioner to comply with the conditions as imposed by the Court below from the date of receipt of copy of this order.

4. The other conditions as imposed by the Court below while passing orders in Crl.MP.No.584 of 2021, will stand as it is.

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

Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar anu To

1. The Principal District and Session Judge, Krishnagiri.

2. The District Munsif Cum Judicial Magistrate, Denkanikottai.

3. Inspector of Police, Kelamangalam Police Station, Krishnagiri.

4. The Public Prosecutor, Madras High Court.

+1cc to M/s.B.Aravinthan, Advocate, S.R.No.68987 Crl.O.P.No.23902 of 2021 PL(CO) RGA(23/12/2021) https://hcservices.ecourts.gov.in/hcservices/