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Madras High CourtCRL OP/30561/2019modified

Raja v. The State Rep. By

2019-12-09Honourable Mr Justice P. Rajamanickam2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 09.12.2019

CORAM

THE HONOURABLE Mr.JUSTICE P.RAJAMANICKAM CRL.O.P.No.30561 of 2019 Raja ... Petitioner Vs.

The State rep by The Inspector of Police, Melmaruvathur Police Station, Kancheepuram District.

(Crime No. 100 of 2019)

...Respondent

PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to modify the condition, directing the petitioner to deposit a sum of Rs.75,000/- before the Jurisdictional Tahsildar concerned, imposed in order dated 04.11.2019 in Crl.M.P.No.4140 of 2019 by the learned Principal District and Sessions Judge, Kancheepuram District at Chengalpattu.

For Petitioner : Mr.C.Magesh Kumar For Respondent : Mr.Mohammed Riyaz Additional Public Prosecutor

O R D E R

This petition has been filed to modify the condition, directing the petitioner to deposit a sum of Rs.75,000/- before the Jurisdictional Tahsildar concerned, imposed in order dated 04.11.2019 in Crl.M.P.No.4140 of 2019 by the learned Principal District and Sessions Judge, Kancheepuram District at Chengalpattu.

2. The learned counsel for the petitioner submitted that, the petitioner was unable to comply with the condition imposed by the trial Court, since the amount to be deposited is much heavier than the value of the vehicle seized. Hence, he has filed the present petition with the aforesaid prayer.

3. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the respondent Police. 1/2 https://hcservices.ecourts.gov.in/hcservices/

4.In view of the submission made by the learned counsel for the petitioner, this Court is inclined to modify the condition as given below, "The petitioner is directed to deposit a sum of Rs.10,000/- before the Jurisdictional Tahsildar concerned to the credit of the District Mines and Minerals Foundation Trust as Non-refundable deposit."

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

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To 1.The Principal District and Sessions Judge, Kancheepuram District, Chengalpattu.

2.The Inspector of Police, Melmaruvathur Police Station, Kancheepuram District.

3.The Public Prosecutor, Madras High Court, Chennai.

+1 cc to M/s.G.Magesh Kumar, Advocate Sr.No. 102440 AKM/10.12.19/2P-5C / CRL.O.P.No.30561 of 2019 2/2 https://hcservices.ecourts.gov.in/hcservices/