Elumalai v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.02.2016 CORAM :

THE HONOURABLE MS. JUSTICE R.MALA Crl.O.P.No.3420 of 2016 Elumalai ... Petitioner/Accused Vs.

The Inspector of Police, CCIW Villupuram Police Station, Villupuram District.

... Respondent/Complainant Prayer:- Petition has been filed under Section 482 of Cr.P.C. to modify the the order dated 09.02.2016 in Crl.M.P.No.775 of 2016 on the file of the Principal Sessions Court, Villupuram Sessions Division, Villupuram.

For Petitioner : Mr.Y.Deva Arulprakash For Respondent : Mr.C.Emalias Additional Public Prosecutor

O R D E R

This petition is filed to modify the condition imposed on the petitioner in Crl.M.P.No.775 of 2016, dated 09.02.2016 on the file of the Principal Sessions Court, Villupuram. 2.Learned counsel for the petitioner submits that when the petitioner was enlarged on bail before the Sessions Court, Villupuram Sessions Division in Crl.M.P.No.775 of 2016 dated 09.02.2016, he was directed to deposit a title deed worth about Rs.10,00,000/-. Even though the petitioner has purchased the property in the year 2009 for a sum of Rs.4,50,000/-, now the value of the property has been increased for more than Rs.10,00,000/-. That factum was not considered by the Judicial Magistrate No.I, Tindivanam. He would further submits that the learned Judicial Magistrate No.1, may be directed to accept the document. Hence he prays for modification to that extent.

3. Heard the learned Additional Public Prosecutor appearing for the respondent and perused the records.

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4.Considering the submissions made on both sides, I am of the view that once the order has been passed by the Trial, this Court shall not interfere with the discretion of the learned Judicial Magistrate No.I, Tindivanam and the petitioner is directed to comply with the condition imposed by the learned Principal Sessions Judge, Villupuram by depositing the title deed worth Rs.10,00,000/- by producing a proper valuation certificate.

5.The Criminal Original Petition is disposed of accordingly. Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar kkd To

1. The Inspector of Police, CCIW Villupuram Police Station, Villupuram District.

2. The Judicial Magistrate No.I, Tindivanam.

3. Do Through The Chief Judicial Magistrate, Villupuram.

4. The Principal Sessions Judge, Villupuram.

5. The Public Prosecutor, High Court, Chennai.

+1cc to Mr.Y.Deva Arulprakash, Advocate, S.R.No.9794 Crl.O.P.No.3420 of 2016 TEJ(CO) CA(23/02/2016) https://hcservices.ecourts.gov.in/hcservices/