S.Vijay v. The Inspector Of Police

CRL OP(MD). No.1955 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.03.2022

CORAM:

THE HONOURABLE MR. JUSTICE K.MURALI SHANKAR CRL OP(MD). No.1955 of 2022 S.Vijay ... Petitioner Vs 1.State Through, The Inspector of Police, Aaravayal Police Station, Karaikudi.

2.The Branch Manager, Sriram Transport Finance Private Limited, Karaikudi.

... Respondents Prayer: This petition is filed under Section 482 of Cr.P.C. to modify the condition to deposit the amount of 75,000/- in Crl.M.P.No.4521 of 2021, dated 06.01.2022 imposed by the learned Principal Sessions Judge, Sivagangai to the petitioner in connection with Crime No.119 of 2021 on the file of the first respondent police.

For Petitioner : Mr.P.Manikandan For R1 : Mr.M.Muthumanikkam Government Advocate (Crl. side)

ORDER

This petition has been filed seeking to modify the condition imposed by the learned Principal Sessions Judge, Sivagangai in Crl.M.P.No.4521 of 2021, vide order dated 06.01.2022, directing the petitioner to deposit a sum of Rs.75,000/- before the concerned Court in Crime No.119 of 2021 within a period of one week from the date of receipt of a copy of that order. Admittedly, the petitioner is the owner of the vehicle and he was released on bail. 2.The learned Government Advocate (Crl. side) would submit that the first respondent police has seized the Tipper Lorry with sand and also the car owned by the petitioner.

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CRL OP(MD). No.1955 of 2022 3.The learned counsel for the petitioner would submit that the petitioner has purchased the said car by availing loan scheme and that he is a daily wager and he is not in a position to deposit a sum of Rs.75,000/- as directed by the learned Principal Sessions Judge, Sivagangai.

4.Considering the above facts and circumstances and also the quantum of the amount fixed by the trial Court, this Court is of the view that the same is to be reduced to Rs.40,000/- and the petitioner is directed to deposit a sum of Rs.40,000/- (Rupees Forty Thousand only) before the learned Principal Sessions Judge, Sivagangai in Crime No.119 of 2021 and other conditions imposed by the trial Court shall remain unaltered.

5.In view of the same, this Criminal Original Petition is allowed.

Sd/- Assistant Registrar (CS III) // True Copy // / /2022 Sub Assistant Registrar(CS) sji Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned. To 1.The Principal Sessions Judge, Sivagangai.

2.The Inspector of Police, Aaravayal Police Station, Karaikudi.

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

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