Madras High CourtCRL OP/21685/2023disposed of

Santhosh v. State Rep.By The Inspector Of Police

2023-09-22Honourable Mr Justice N. Anand Venkatesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.09.2023

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH Crl.O.P No.21685 of 2023 Santhosh (A/32 Y) S/o.Chinnadurai .. Petitioner vs.

The State rep.by its The Inspector of Police Andimadam Police Station.

.. Respondent/Complainant Crime No.197 of 2023 PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to modify the order passed by the Principal Session Judge, Ariyalur Sessions Division, Ariyalur in Cr.MP.No.2662 of 2023 dated 8.9.2023 that the petitioner shall deposit a sum of Rs.50,000/- (Rupees fifty thousand only) in Crime No.197 of 2023, on the file of the Judicial Magistrate No.II, Jayankondam.

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

ORDER

This criminal original petition has been filed seeking for modification of one of the condition imposed by the Court below while allowing the application filed by the petitioner for return of vehicle in Cr.MP.No.2662 of 2023 dated 08.9.2023.

2.Heard the learned counsel for the petitioner and the learned Government Advocate (Crl. Side) for respondent. 3.The vehicle belonging to the petitioner was seized by the respondent police in the course of investigation in Crime No.197 of 2023. The petitioner is the owner of the vehicle. The petitioner therefore filed an application in Cr.MP.No.2662 of 2023, before the Principal Sessions Judge, Ariyalur Sessions Division, for return of vehicle. The Court below allowed the application by imposing certain conditions. The petitioner is aggrieved by the following condition that was imposed by the Court below: 1.The petitioner shall deposit a sum of Rs.50,000/- [Rupees fifty thousand only) in Crime No.197 of 2023, on the file of the Judicial Magistrate No.II, Jayankondam.

4.Taking into consideration the facts and circumstances of the case, there

is no necessity to insist for a cash deposit for return of vehicle and hence, the above condition imposed by the Court below is hereby set aide. The other conditions imposed by the Court below shall stand as it is. 5.This Criminal Original Petition is disposed of accordingly. 22.09.2023 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order kp Note: Issue Order Copy on 25.09.2023 To 1.The Inspector of Police Andimadam Police Station.

2.Principal Session Judge, Ariyalur Sessions Division Ariyalur.

3.The Public Prosecutor, High Court, Madras.

N. ANAND VENKATESH, . J.

kp Crl.O.P No.21685 of 2023 22.09.2023