E.Kumar v. State By Inspector Of Police

C.V.KARTHIKEYAN, J.

The matter is listed today under the caption "for being mentioned".

2. The learned counsel appearing for the petitioners stated that a mistake has crept into the paragraph No.5(b) of the order passed by this Court vide order dated 07.11.2023 and he also filed a memo with respect to the registration number of the vehicle, which he had wrongly mentioned in the petition. Accordingly, he prays for appropriate orders.

3. In view of the above statement so made by the learned counsel for the petitioner and also the memo filed, the paragraph Nos.3 and 5(b) of the order dated 07.11.2023 is to be read as follows: "3.It is stated by the learned Government Advocate (Crl. Side) that, on 21.10.2023, at about 01.30 p.m., the defacto complainant along with the police party were engaged in routine surveillance near Palladam to Udumalpet Road. At that time, they found the petitioners herein transporting 4 units of gravel sand in a vehicle bearing Regn.No.TN-37-BK-9455. It is also stated that the vehicle and 4 units of gravel sand had been seized. Thus, he prayed for dismissal of this petition.

5.(b). the petitioners without prejudice to their defence 1/3

shall deposit a non-refundable sum of Rs.15,000/- jointly, by way of Demand Draft to the District Revenue Officer, Tiruppur District and that the receipt of such payment shall be produced before the concerned Magistrate at the time of executing the bond; It is made clear that merely, because the petitioners deposit the said amount, it would not amount to admission of their guilt. Therefore, it is open to the trial Court to deal with the case independently."

4. Registry is directed to carry out the necessary corrections in the order dated 07.11.2023 and re-issue a fresh order copy. 23.11.2023 ata 2/3

C.V.KARTHIKEYAN, J.

ata 23.11.2023 3/3