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Madras High CourtCRL OP(MD)/6621/2018disposed of

S. Murugesan v. The Inspector Of Police

2018-04-25Honourable Mr Justice D. Krishnakumar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.04.2018

CORAM:

THE HONOURABLE MR.JUSTICE D. KRISHNAKUMAR Crl.O.P.(MD).No.6621 of 2018 S. Murugesan :Petitioner Vs.

State rep. by The Inspector of Police, Thirumangalam Police Station, Madurai District.

(Crime No. 869 of 2017) :Respondent Prayer: This Criminal Original Petition is filed under Section 482 of Cr.P.C., to direct the learned Judicial Magistrate, Thirumangalam to modify the own bond executed by the petitioner to a value of Rs.2,00,000/- instead of Rs.5,00,000/- and one surety for like sum i.e Rs.2,00,000/- and in accordance with the order in Crl.M.P.No. 470 of 2018 dated 02.03.2018 release the vehicle bearing Registration Number TN-52-4575 within the stipulated period. For Petitioner : Mr. M. Jothi Basu For respondent : Mr. K.K. Ramakrishan Additional Public Prosecutor

ORDER

This Criminal Original Petition is filed for issuing a direction to the learned Judicial Magistrate, Thirumangalam to modify the own bond executed by the petitioner to a value of Rs.2,00,000/- instead of Rs.5,00,000/- and one surety for a like sum i.e Rs.2,00,000/- and in accordance with the order in Crl.M.P.No. 470 of 2018 dated 02.03.2018 release the vehicle bearing Registration Number TN-52-4575 within the stipulated period.

2. The learned counsel appearing for the petitioner submitted that the petitioner has complied with the condition as imposed by the learned Judicial Magistrate, Thirumangalam in Crl.M.P.No. 470 of 2018 dated 02.03.2018. But, the said Magistrate has returned the said compliance insisting upon the petitioner to produce the immovable property security to a value of Rs.5,00,000/-. In such circumstances, the petitioner has come forward with the present Criminal Original Petition.

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3. The learned Additional Public Prosecutor appearing for the respondent on instructions would submit that he has no objection

if the petitioner comply with the condition as imposed in Crl.M.P.No.870 of 2018, dated 02.03.2018.

4. Since the learned Additional Public Prosecutor appearing for the respondent has no objection, the learned Judicial Magistrate, Thirumangalam is directed not to insist upon the petitioner to furnish the immovable security. It is open to the petitioner to represent the papers before the concerned Judicial Magistrate and if such papers are represented the same shall be considered by the learned Magistrate on merits and in accordance with law.

4. With the above observations, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar (Cs-I) /True Copy/ Sub Assistant Registrar To

1. The Inspector of Police, Thirumangalam Police Station, Madurai District.

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

+1CC to G.M. Law Office, Counsel for Petitioner in SR.No.63520/18.

TRP DS/KKR/SAR-4 :11.05.2018: 2P/4C Crl.O.P.(MD).No.6621 of 2018 5.04.2018 https://hcservices.ecourts.gov.in/hcservices/