Satheesh v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Thirty First day of July Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice K.K. RAMAKRISHNAN CRL MP(MD) No.2025 of 2024 IN CRL RC(MD) No.1049 of 2023 SATHEESH ... PETITIONER / PETITIONER Vs THE INSPECTOR OF POLICE MARTHANDAM POLICE STATION, KANYAKUMARI DISTRICT.
CR.NO.167/2023 ... RESPONDENT / RESPONDENT Criminal Miscellaneous Petition filed under section 482 of Cr.P.C to Modify condition of paragraph No.14.1 of the common order passed in Crl.RC.(MD). No.1049/2023 dt 11.10.2023 by modifying the condition to execute bond to the value of the vehicle mentioned in the insurance certificate for petitioners concern. Prayer in CRL RC(MD). 1049/ 2023 :
Criminal Revision Petition filed under section 397 & 401 of Cr.P.C to call for the records relating to the order passed in Crl.M.P.No.4092 of 2023 on the file of Learned Principal Sessions Judge, Kanyakumari at Nagercoil dated 19.08.2023 and set aside the same.
Order : This petition coming up for orders on this day, upon perusing the petition filed in support thereof and upon hearing the arguments of M/S.BALAMURUGAN.P, Advocate for the petitioner and of Mr.B.Thanga Aravindh, Government Advocate on behalf of the Respondent, the court made the following order:- 1/3
This petition has been filed to modify the condition in Paragraph No.14.1 of the Common order passed in Crl.R.C(MD).No.1049 of 2023 dated 11.10.2023 by modifying the condition to execute bond to the value of the vehicle mentioned in the insurance certificate.
2. The learned counsel for the petitioner submitted that due to the financial crisis of the petitioner, he unable to execute a bond to the value of the vehicle mentioned in the insurance certificate. Hence, he prayed for modification of the said condition and he is also ready to furnish the third party surety.
3. On the earlier occassion, after hearing the learned counsel for the petitioner, this Court directed the investigating officer to file status report.
4. As per the direction of this Court, the Investigating Officier has filed a status report before this Court.
5. Considering the facts and the circumstance of this case and also considering the status report of the Investigating Officer, this Court is inclined to accept the petitioner's request of furnishing the third party surety. Accordingly this petition is 2/3
allowed and learned trial Judge is directed to accept the third party surety, namely, Mr.Manogaraj, S/o.Nallathambi.
Sd/- Assistant Registrar(AS) // True Copy // /08/2024 Sub Assistant Registrar (CS - I/ II / III /IV) TO 1 The Principal Sessions Judge, Kanyakumari at Nagercoil 2 THE INSPECTOR OF POLICE MARTHANDAM POLICE STATION, KANYAKUMARI DISTRICT.
3 The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
COPY TO:
THE SECTION OFFICER, CRIMINAL SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL MP(MD) No.2025 of 2024 IN CRL RC(MD) No.1049 of 2023 Date :31/07/2024 MK/08.08.2024 3P 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3