Madras High CourtCRL OP/22041/2023disposed of

Ananth v. State Rep.By

2023-09-26Honourable Mr Justice N. Anand Venkatesh5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.09.2023 CORAM :

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH Ananth .. Petitioner

Versus

The State rep by its The Inspector of Police, Meensuritty Police Station, Crime No.108 of 2023.

.. Respondent Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to modify the condition order passed by the learned Principal Session Judge, Ariyalur Sessions Division, Ariyalur in Cr.M.P.No.1773 of 2023, dated 16.08.2023 that the petitioner shall deposit a sum of Rs.1,50,000/- (Rupees One Lakh Fifty Thousand only) in Crime No.108 of 2023 on the file of the learned Judicial Magistrate No.II, Jayankondam.

For Petitioner : Mr.S.Saravana Kumar For Respondent : Mr.A.Gopinath, Government Advocate (Crl. Side) 1/5

ORDER

This petition has been filed challenging one of the condition that was imposed by the Court below directing the petitioner to deposit a sum of Rs.1,50,000/- by allowing the application filed by the petitioner, for return of vehicle.

2. Heard Mr.S.Saravana Kumar, learned Counsel for the petitioner and Mr.A.Gopinath, learned Government Advocate (Crl. Side) for the respondent.

3. The vehicle belonging to the petitioner was seized in the course of investigation in Crime No.108 of 20223. The petitioner filed an application seeking for return of vehicle. The petitioner claims himself to be the owner of the vehicle. The Court below on considering the facts and circumstances of the case, allowed the application by imposing certain conditions.

4. The petitioner is aggrieved by the following condition that was imposed by the Court below:- " 1. The petitioner shall deposit a sum of Rs.1,50,000/- (Rupees One Lakh Fifty Thousand 2/5

Only) in Crime No.108/2023 on the file of the Judicial Magistrate No.II, Jayankondam."

5. Taking into consideration the facts and circumstances of the case, this Court is of the considered view that cash deposit need not be insisted in a case where the vehicle is released and hence, the above condition that was imposed by the Court below is hereby set aside. The other conditions imposed by the Court below shall stand as it is.

6. This Criminal Original Petition is disposed off. 26.09.2023 Index : yes/no Speaking order/Non-speaking order : yes/no grs To

1. The Judicial Magistrate No.II, Jayankondam.

2. The Inspector of Police, Meensuritty Police Station.

3. The Public Prosecutor, High Court of Madras.

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N.ANAND VENKATESH, J.

grs 26.09.2023 5/5