Madras High CourtCRL RC(MD)/189/2023disposed of

Mareesan v. The Sub Collector

2023-03-03Honourable Mr Justice G.Ilangovan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.03.2023

CORAM

THE HONOURABLE MR. JUSTICE G.ILANGOVAN Mareesan ... Petitioner/Accused No.1 Vs.

The State rep. by The Sub Collector, Sub Collector Office, Sivakasi, Virudhunagar District.

... Respondent/Complainant PRAYER: This Criminal Revision Case is filed under Sections 397 r/w 401 of the Criminal Procedure Code, to call for the records relating to the case in Cr.M.P.No.3390 of 2022 in Spl.C.C.No.1 of 2021 on the file of the Principal District and Sessions Judge, Virudhunagar District at Srivilliputhur, dated 21.12.2022 and set aside the same. For Petitioner : Mr.S.M.Anantha Murugan For Respondent : Mr.M.Sakthi Kumar Government Advocate (Crl. Side)

ORDER

This criminal revision case has been filed to set aside the order passed in Cr.M.P.No.3390 of 2022 in Spl.C.C.No.1 of 2021 on the file of the Principal District and Sessions Judge, Virudhunagar District at 1/4

Srivilliputhur, dated 21.12.2022.

2.It is the contention on the part of the revision petitioner to the effect that the petition filed by him seeking discharge from the offences was allowed by the trial Court, by the order dated 01.04.2022 in Crl.M.P.No.381 of 2022. Seeking release of his vehicle, he has filed the above said petition and at that time, he was imposed a condition to deposit Rs.1,50,000/- to the credit of C.P.No.97/2021 in Spl.C.C.No.1 of 2021 before that Court. Against which this revision has been filed stating that since the petitioner has been discharged from the above said offence, the imposing condition to deposit the amount is not proper.

3.On going through the records, it has been seen that against two persons, the complaint has been preferred by the respondent. This petitioner is the owner of the vehicle. The second accused is driver. Against the driver only the complaint is pending. Since the involvement of the vehicle is noted, the above said condition has been imposed by the trial Court. Hence, it cannot be found fault. But, however, considering the fact that it is a make of 2006, this court is inclined to reduce the deposit amount. 2/4

4.Accordingly, the condition imposed by the trial Court is modified to the effect that the petitioner shall deposit a sum of Rs.50,000/-. 5.With the above modification, this criminal revision case is disposed of.

03.03.2023 Index : Yes / No Internet : Yes / No TM To 1.The Principal District and Sessions Judge, Virudhunagar District at Srivilliputhur.

2.The Sub Collector, Sub Collector Office, Sivakasi.

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

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G.ILANGOVAN,J.

TM 03.03.2023 4/4