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Madras High CourtCRL RC(MD)/161/2023allowed

A.Saroja v. The Sub Inspector Of Police

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 A.Saroja ... Petitioner/Petitioner Vs.

State represented by:- The Sub-Inspector of Police, Velliyanai Police Station, In Crime No.356/2022, Karur District.

... Respondent/Respondent 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 order passed by the learned Principal Sessions Judge, Karur in Cr.M.P.No. 115 of 2023 dated 23.01.2023 set aside the 2nd condition and allow this revision petition.

For Petitioner : Mr.B.Azhagesh For Respondent : Mr.M.Sakthi Kumar Government Advocate (Crl. Side)

ORDER

This criminal revision case has been preferred to set aside the order passed by the learned Principal Sessions Judge, Karur in Cr.M.P.No.115 of 2023 dated 23.01.2023 set aside the 2nd condition. 1/4

2.The petitioner filed the petition before the trial Court under Section 451 Cr.P.C. for release of his vehicle. That was allowed with conditions. vide Condition No.(i) the petitioner was directed to deposit Rs.1,50,000/- as non refundable amount and vide condition (ii) he was directed to execute a bond for a sum of Rs.7,00,000/- with two sureties like such sum each. Aggrieved over the same, this petition has been filed by the petitioner on the ground that the vehicle is of the year 2008, thereby it lost its value. He has also produced his permit copy.

3.The learned Government Advocate (Crl. Side) was required to verify the genuineness of the documents filed by the petitioner. When the matter was called on 19.02.2023, the permit was produced before this Court and only on that ground it was adjourned for verification to 28.02.2023. Again it was adjourned today. Today, only the above said letter has been submitted stating that the request has been made to the Joint director Mines and Minerals Department, Salem, for verification of the genuineness of the document.

4.In view of the above said permit and subject to the result of the 2/4

genuineness of the above said document, the condition No.(i) that has been imposed upon the petitioner to deposit Rs.1,50,000/- as non refundable is reduced to the effect that the petitioner shall deposit a sum of Rs.50,000/- as refundable. The other conditions are remains unchanged. 5.With the above said conditions, this criminal revision case is allowed.

03.03.2023 Index : Yes / No Internet : Yes / No TM To 1.The Principal Sessions Judge, Karur 2.The The Sub-Inspector of Police, Velliyanai Police Station, In Crime No.356/2022, Karur District.

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