Maria Edwin Ponsingh v. The State Of Tamil Nadu,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.03.2025

CORAM

THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR Maria Edwin Ponsingh ... Petitioner Vs.

State of Tamilnadu represented by The Inspector of Police, Manalmelkudi Police Station, Manalmelkudi, Pudukottai District.

(Crime No.4 of 2025) ... Respondent PRAYER : Criminal Revision Petition filed under Section 438 r/w 442 B.N.S.S., to call for the records of the order passed by the learned District Munsif cum Judicial Magistrate Court, Manalmelkudi, Pudukottai District in Crl.M.P.No.315 of 2025 dated 24.02.2025 and modify the conditions No.1 & 3 of the same.

For Petitioner : Mr.N.Pragalathan For Respondent : Mr.B.Thanga Aravindh Government Advocate (Crl. Side) 1/6

ORDER

The Criminal Revision is directed against the condition Nos.1 and 3 imposed in Crl.M.P.No.315 of 2025 dated 24.02.2025 on the file of the District Munsif cum Judicial Magistrate, Manalmelkudi, wherein, the petitioner was directed to execute a bond for Rs.8 lakhs with two sureties and also to produce the original RC book before the concerned Court.

2. It is not in dispute that the vehicle bearing Registration No.TN-69-AH-3573 came to be seized in connection with Crime No.4 of 2025 for the alleged offences under Section 4(1)(C) of the Tamil Nadu Prohibition (Amendment) Act, 2024 and Section 4(1-A) of TN Prohibition Act and the said vehicle was produced before the concerned Court and the same came to be remanded in R.P.No.18 of 2025.

3. It is also not in dispute that the petitioner has moved an application for return of the vehicle on interim custody and that the learned Magistrate has passed an order dated 24.02.2025 imposing conditions which includes the impugned conditions. 2/6

4. The learned counsel appearing for the petitioner would submit that the petitioner has to take the vehicle to other State and hence, availability of the original RC book is very much necessary. This Court is not in agreement with the said contention and the learned Magistrate has rightly imposed the condition that the petitioner has to produce the original RC book and as such, this Court is not inclined to modify the said condition.

5. With regard to the first condition, the learned Magistrate has directed the petitioner to execute a bond for Rs.8 lakhs with two sureties. Even according to the learned Government Advocate (Criminal Side), the value of the vehicle comes to Rs.5 lakhs. Hence, this Court is inclined to modify the said condition.

6. In the result, the Criminal Revision Case stands partly allowed. The order of the learned District Munsif cum Judicial Magistrate, Manalmelkudi, made in Cr.M.P.No.315 of 2025, dated 24.02.2025 is modified in respect of the condition No.(i) alone and it is modified to the effect that the petitioner is directed to execute a bond for Rs.2,00,000/- 3/6

(Rupees Two Lakhs only) with two sureties. In respect of other conditions, the order of the learned District Munsif cum Judicial Magistrate, Manalmelkudi, shall remain unaltered. No costs. 10.03.2025 NCC : Yes / No Index : Yes / No Internet : Yes / No csm To 1.The District Munsif cum Judicial Magistrate, Manalmelkudi.

2.The Inspector of Police, Manalmelkudi Police Station, Manalmelkudi, Pudukottai District.

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

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K.MURALI SHANKAR,J.

csm Order made in Dated: 10.03.2025 6/6