Madras High CourtCRL RC(MD)/15/2020allowed

Anandhan v. The Inspector Of Police

2020-01-10Honourable Mrs Justice T. Krishnavalli (Retd.)2 pages

Crl.R.C(MD)No.15 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.01.2020

CORAM

THE HONOURABLE MRS. JUSTICE T.KRISHNAVALLI Crl.R.C(MD)No.15 of 2020 Anandhan ... Petitioner/Petitioner/Owner of the vehicle Vs.

The Inspector of Police, Manamelkudi Police Station, Pudukkottai District.

(In Crime No.145 of 2019) ... Respondent/Respondent/Complainant Prayer : This Criminal Revision has been filed under Section 397 r/w 401 of Criminal Procedure Code, to call for the records pertaining to the order passed in Cr.M.P.No.3730 of 2019, dated 19.12.2019 on the file of the learned Principal Sessions Court, Pudukkottai and modify the onerous condition of deposit Rs.50,000/- as cash security before the learned Judicial Magistrate, Aranthangi. For Petitioner : Mr.T.Veerakumar For Respondent : Mr.A.P.G.Ohm Chairma Prabhu Government Advocate (Crl.side)

O R D E R

This Criminal Revision Petition has been filed to modify the onerous condition of deposit a sum of Rs.50,000/- as cash security imposed by the learned Principal Sessions Judge, Pudukkottai in the order passed in Cr.M.P.No.3730 of 2019, dated 19.12.2019. 2.The petitioner claims to be the owner of the Car bearing Registration No.TN-55-BD-1964. On 22.11.2019, the respondent police seized the vehicle on the ground that it was used for committing the offence of transporting the illegal sand and registered a case in Crime No.145 of 2019 under Sections 379, 420, 465, 468, 471 of IPC and Section 21(1) and 21(2) of Mines and Minerals (Development & Regulation) Act, 1957. Subsequently, the petitioner has approached the learned Principal Sessions Judge, Pudukkottai, by way of filing a petition in Cr.M.P.No.3730 of 2019 by its order dated 19.12.

2019, by imposing the condition to the effect that the petitioner shall deposit a sum of Rs.50,000/- as cash security before the Judicial Magistrate, Aranthangi. Challenging the said condition imposed by the trial Court, the petitioner is before this Court with this criminal revision.

3.Heard the learned counsel appearing on either side and perused the materials available on record.

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Crl.R.C(MD)No.15 of 2020 4.The only grievance of the petitioner is that the condition imposed by the learned Principal Sessions Judge is onerous. 5.In view of that, this Criminal Revision is allowed. The order of the learned Principal Sessions Judge, Pudukkottai, made in Cr.M.P.No.3730 of 2019, dated 19.12.2019 is set aside in respect of the petitioner shall deposit Rs.50,000/- (Rupees Fifty thousand only) as cash security before the learned Judicial Magistrate, Aranthangi alone and it is modified to the effect that the petitioner shall deposit a sum of Rs.25,000/- (Rupees Twenty Five thousand only) before the learned Judicial Magistrate, Aranthangi to the credit of Crime No.145 of 2019 of Manamelkudi Police Station. In respect of other conditions, the order of the learned Principal Sessions Judge shall remain unaltered.

Sd/- Assistant Registrar // True Copy // / /2020 Sub Assistant Registrar(CS ) vsd To

1. The Principal Sessions Judge, Pudukkottai.

2. The Judicial Magistrate, Aranthangi

3. The Inspector of Police, Manamelkudi Police Station, Pudukkottai District.

4. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to Mr.T.VEERAKUMAR, Advocate ( SR-1540[F] dated 10/01/2020 ) Crl.R.C(MD)No.15 of 2020 10.01.2020 MK (17.02.2020) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2