Sheeja Selin.T.L v. The State Of Tamilnadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Civil Appellate Jurisdiction Monday, the Twenty First day of April Two Thousand and Twenty Five PRESENT The HONOURABLE MR. JUSTICE K.MURALI SHANKAR in CRL.RC(MD)No.748 of 2024 Sheeja Selin.T.L ... Petitioner/Petitioner Vs The State of Tamilnadu, Rep by the Inspector of Police, Kaliyakkavilai Police Station, Kaliyakkavilai, Kanyakumari District.
... Respondent/Respondent Prayer in CRL MP(MD). No.3114 of 2025 :- Criminal Miscellaneous Petition filed Under Section 528 of BNSS,to relax the condition imposed in Crl RC(MD)No.748/2024 on 09.08.2024 on the file of this Honble Court namely the petitioner shall produce the vehicle before the learned Judicial Magistrate No.1, Kuzhithurai.
Prayer in CRL.RC(MD)No.748 of 2024:- Criminal Revision Petition filed Under Section 438 of BNSS,to call for the records relating to the Crl MP No.7699/2024 on the file of Judicial Magistrate No.1, Kuzhithurai, set aside the order passed in the same by allowing the Petition in Crl MP No.7699/2024.
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ORDER:- This Revision Petition coming on for orders on this day and upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Mr. C. Godwin, Advocate for the Petitioner and of Mr. B. Thanga Aravindh, Government Advocate for the respondent, this Court made the following order:
"This petition has been filed seeking orders to relax the condition imposed in Crl.RC(MD)No.748 of 2024, dated 09.08.2024, wherein this Court while granting interim custody of the vehicle, directed the petitioner to produce the vehicle before the Court of Judicial Magistrate No.I, Kuzhithurai on the first working day of every month.
2.The learned counsel for the petitioner would submit that the petitioner has complied with the conditions regularly; that the petitioner is a graduate teacher, working at Evans High School, Parasala, Kerala State and she finds difficult to produce the vehicle before the concerned Court every month. 3.Considering the prayer, this Court directed the Registry to call for a report from the concerned Court as to whether the petitioner has been complying with the condition.
In pursuance of the same, the learned Judicial Magistrate No.II, Kuzhithurai, has submitted a report, dated 17.04.2025, wherein it has been stated that the petitioner 2/4
has produced the vehicle regularly on the first working day of September 2024 till March 2025 and the petitioner has not produced the vehicle April-2025 and filed a memo stating that the vehicle was sent for workshop due to non working condition. 4.The learned counsel for the petitioner would submit that the vehicle got repaired and is in running condition.
5.Considering the facts and circumstances of the case and taking note of the submission made by the learned counsel for the petitioner, this Court is inclined to modify the condition and the petitioner is directed to produce the vehicle before the learned Judicial Magistrate No.I, Kuzhithurai on alternative months commencing from first working day of May 2025.
6.In the result, the Criminal Miscellaneous Petition is allowed. Sd/- Assistant Registrar (CS.II) // True Copy // / /2025 Sub Assistant Registrar (CS-I/II/III/IV) das TO
1. The Judicial Magistrate No.1, Kuzhithurai.
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2 The Inspector of Police, Kaliyakkavilai Police Station, Kaliyakkavilai, Kanyakumari District.
Copy to:
The Section Officer, Criminal Section, Madurai Bench of Madras High Court, Madurai ORDER DATED : 21/04/2025 ==========================
ORDER
========================== in CRL.RC(MD)No.748 of 2024 Giving direction and etc.
as stated within.
SL(28.04.2025)/ 4P/ 4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17.07.2023. 4/4