Madras High CourtCRL RC(MD)/167/2023partly allowed

S.Murugan v. The Inspector Of Police

2023-02-10Honourable Mr Justice G.Ilangovan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.02.2023

CORAM

THE HONOURABLE MR. JUSTICE G.ILANGOVAN S.Murugan .. Petitioner/3rd Accused/ Owner of the vehicle Vs.

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

(Crime No.32 of 2022) .. Respondent/Respondent/ Complainant PRAYER: This Civil Revision Case is filed under Sections 397 r/w 401 of the Criminal Procedure Code, to call for the entire records pertaining to the order passed by learned Principal District and Sessions Judge, Virudhunagar District at Srivilliputhur in Crl.MP.No.229 of 2023 vide order dated 20.01.2023 and modify the condition imposed in conditions No.1 and 2. For Petitioner : Mr. Dhilipanpandian.R.L., For Respondent : Mr. R.Suresh Kumar Government Advocate (Crl. Side) 1/4

ORDER

This Criminal Revision Case has been filed to call for the entire records pertaining to the order passed by learned Principal District and Sessions Judge, Virudhunagar District at Srivilliputhur in Crl.MP.No.229 of 2023 vide order dated 20.01.2023 and modify the condition imposed in conditions No.1 and 2.

2.While passing the conditioned order, the revision petitoner was directed to deposit a sum of Rs.2,00,000/- before the Judicial Magistrate, Thiruchuli and is directed to execute a bond for the value of the vehicle to the satisfaction of the Principal District and Sessions Court, Virudhunagar District at Srivilliputtur. Now, the grievance of the petitioner is that he is not in a position to mobilise the amount.

3.The learned Government Advocate (Crl. Side) would submit that the vehicle is of the make of the year 2019.

4. Considering the fact that the vehicle is a 2019 make, this Court is inclined to reduce the deposit amount that has been imposed by the trial Court.

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5. Accordingly, the condition Nos.(i) imposed by the trial Court in the order dated 20.01.2023 passed in Cr.M.P.No.229 of 2023 is modified to the effect that the petitioner is directed to deposit a sum of Rs.1,00,000/- (Rupees One Lakh only) before the learned Judicial Magistrate, Thiruchuli in Cr.No.32/2022 of Kattanoor P.S.

6. On the above said terms, this Revision Case is partly allowed and order of condition modification is passed. On complying the above said condition, the trial Court may return the vehicle. The other condition shall stand unaltered.

10.02.2023 NCC:Yes/No Index : Yes / No Internet : Yes / No Indu To 1.The Inspector of Police, Kattanoor Police Station, Virudhunagar District.

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

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G.ILANGOVAN,J.

Indu 10.02.2023 4/4