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Madras High CourtCRL RC(MD)/291/2020allowed

Karthick @ Karthikeyan v. The Inspector Of Police

2020-03-11Honourable Mrs Justice T. Krishnavalli (Retd.)2 pages

Crl.R.C(MD)No.291 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.03.2020

CORAM

THE HONOURABLE MRS. JUSTICE T.KRISHNAVALLI Crl.R.C(MD)No.291 of 2020 Karthick @ Karthikeyan ... Petitioner/ Petitioner Vs.

The State through The Inspector of Police, Kulithalai Police Station, Karur District.

(Crime No.404 of 2019)

...Respondent/ Respondent

Prayer : This Criminal Revision has been filed under Section 397 r/w 401 of Criminal Procedure Code, to call for the records in pertaining to the order of the learned Principal Sessions Judge, Karur, dated 27.01.2020 made in Crl.M.P.No.1484 of 2019 and modify the 1st condition and allow this revision.

For Petitioner : Mr.K.Arunraj For Respondent : Mr.A.P.G.Ohm Chairma Prabhu Government Advocate (Crl.side)

O R D E R

This petition has been filed to modify the 1st condition imposed by the learned Principal Sessions Judge, Karur in the order passed in Crl.M.P.No.1484 of 2019, dated 27.01.2020. 2.The petitioner claims to be the owner of the Mahindra Bolero Maxi Truck bearing Registration No.TN-68-L-3924. On 23.09.2019, the respondent police intercepted the vehicle of the petitioner and seized the same on the ground that it was used for carrying illegal sand without any valid permit and registered a case in Crime No.404 of 2019 under Section 379 of IPC and Section 21(1) of Mines and Minerals (Development and Regulation) Act, 1957. Subsequently, the petitioner has approached the learned Principal Sessions Judge, Karur, by way of filing a petition in Crl.M.P.No.1484 of 2019 for release of the vehicle and the learned judge has allowed the petition filed by the petitioner by its order, https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.R.C(MD)No.291 of 2020 dated 27.01.2020, by imposing the 1st condition to the effect that the petitioner was directed to surrender the original R.C.Book and to deposit a sum of Rs.1,00,000/- (Rupees one lakh only) before the learned Principal Sessions Judge, Karur to the credit of Crime No.404 of 2019 of Kulithalai Police Station. Challenging the 1st condition imposed by the trial Court, the petitioner is before this Court with this criminal revision.

3.Heard the learned counsel appearing on either side and perused the materials available on record.

4.The only grievance of the petitioner is that the 1st condition imposed by the learned Principal Sessions Judge, Karur, is onerous.

5.In view of that, this Criminal Revision is allowed. The order of the learned Principal Sessions Judge, Karur, made in Crl.M.P.No.1484 of 2019, dated 27.01.2020 is modified in respect of the 1st condition alone and it is modified to the effect that the petitioner is directed to surrender the original R.C.Book and to deposit a sum of Rs.25,000/- (Rupees Twenty Five thousand only) before the learned Principal Sessions Judge, Karur to the credit of Crime No.404 of 2019 of Kulithalai Police Station. In respect of other conditions, the order of the learned Principal Sessions Judge, Karur, shall remain unaltered.

Sd/- Assistant Registrar () // True Copy // / /2020 Sub Assistant Registrar() ToT\ 1.The Principal Sessions Judge,Karur.

2.The Inspector of Police, Kulithalai Police Station, Karur District.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. +1 CC to M/s.K.ARUNRAJ, Advocate ( SR-10988[F] dated 11/03/2020 ) Crl.R.C(MD)No.291 of 2020 11.03.2020 vsd MS/PN/SAR-4/17.03.2020/2P.5C https://hcservices.ecourts.gov.in/hcservices/ 2/2