Thangaraj v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.02.2023

CORAM

THE HONOURABLE MR. JUSTICE G.ILANGOVAN Thangaraj ... Petitioner/Petitioner Vs.

The State represented by The Inspector of Police, Thiruthangal Police Station, Virudhunagar District.

(Crime No.185 of 2022) ... Respondent/Respondent PRAYER: This Civil Revision Case is filed under Sections 397 r/w 401 of the Criminal Procedure Code, to call for the records pertaining to the order passed by the learned Principal District and Sessions Judge, Virudhunagar District at Srivilliputhur in Cr.M.P. No.4389 of 2022 dated 05.01.2023 and set aside the condition No.(i) of the order.

For Petitioner : Mr. Lenin Kumar.T For Respondent : Mr. Sakthikumar, Government Advocate (Crl. Side) 1/5

ORDER

This Criminal Revision Case has been filed against the order passed by the learned Principal District and Sessions Judge, Virudhunagar District at Srivilliputhur in Cr.M.P. No.4389 of 2022 dated 05.01.2023. 2.Even though the order has been passed in Cr.M.P. No.4389 of 2022 by the trial Court, directing the petitioner to deposit a sum of Rs. 2,00,000/- to the credit of the Crime No.185 of 2022 before the Judicial Magistrate No.II, Sivakasi, the grievances of the revision petitioner is that the above said FIR has been quashed by the co-ordinate Bench of this Court and by order dated 26.10.2022. The revision petitioner would submit that in respect of FIR that was quashed, no order can be passed for depositing the amount.

3. However, the learned Government Advocate (Crl. Side) would submit that against the above said order, a request has been made for listing the matter before the concerned Judge under the caption for being mentioned.

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4. The respondent may proceed in accordance with law. Depending upon the outcome of the above said process that was undertaken by the respondent, the petitioner can approach the concerned Court for modification or alteration as the case may be. In the mean time, the above said property may be returned to the revision petitioner on the following conditions:

1. The petitioner shall deposit Rs.1,00,000/- before the concerned trial Court to the credit of non existing crime number in the name of the petitioner and is directed to produce the original R.C. Book of the vehicle and further directed to give an undertaking affidavit before the concerned Judicial Magistrate Court, to the effect that he will not alter or change the properties of vehicle and he will ensure that in future, the alleged vehicle will not be involved in any illegal activities.

2. The petitioner shall execute a bond to the satisfaction of the concerned Court to be fixed on its own discretion;

3. The petitioner shall produce the vehicle before the respondent and the trial Court as and when required;

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4. If any of the above conditions are violated, this order will stand automatically cancelled.

5. With the above said condition, this Revision Case is disposed of. 08.02.2023 NCC : Yes / No Index : Yes / No Internet : Yes / No indu 4/5

G.ILANGOVAN,J.

indu To

1. The Inspector of Police, Thiruthangal Police Station, Virudhunagar District.

2.The Government Advocate (Crl.Side), Madurai Bench of Madras High Court, Madurai.

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