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Madras High CourtCRL RC(MD)/290/2023disposed of

Jeyasingh Moses v. The Sub Inspector Of Police

2023-03-14Honourable Mr Justice K.Murali Shankar6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 14.03.2023

CORAM:

THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR Crl.R.C.(MD)No.290 of 2023 Jeyasingh Moses ... Petitioner/Petitioner/Owner Sole Accused Vs.

The State represented by The Sub-Inspector of Police, Kotticode Police Station, Kanyakumari District.

(Crime No.173 of 2022)

...Respondent/Respondent/

Complainant Prayer : This Criminal Revision has been filed under Section 397 r/w 401 of Criminal Procedure Code, to call for the entire records pertaining to the order passed by the Principal Sessions Judge, Kanyakumari District at Nagercoil in Crl.M.P.No.746 of 2023 order dated 02.02.2023 whereby the return of vehicle namely TATA SFC 407 Tipper Tempo bearing its registration No.TN-74-V-6053 and set aside the same in respect of first condition and consequently direct the learned Judicial Magistrate No.1, Padmanabhapuram to return the vehicle namely TATA SFC 407 Tipper Tempo bearing its registration No.TN-74-V-6053 in 1/6

connection with the case in Crime No.173 of 2022 pending on the file of the respondent to the petitioner.

For Petitioner : Mr.G.Radhakrishnan For Respondent : Mr.R.Meenakshi Sundaram, Additional Public Prosecutor

O R D E R

This Criminal Revision Petition is directed against the condition No.(i) imposed by the learned Principal Sessions Judge, Kanniyakumari District at Nagercoil, in the order passed in Crl.M.P.No.746 of 2023 dated 02.02.2023.

2. The petitioner claims to be the owner of Tipper Tempo bearing Registration No.TN-74-V-6053. On 17.12.2022, the respondent police intercepted the vehicle viz., Tipper Tempo bearing Registration No.TN-74-V-6053 and seized the vehicle as the same was used for transporting of sand illegally without any valid license or permit and registered a case in Crime No.173 of 2022 for the offence under Section 379 IPC.

3. It is not in dispute that the petitioner has approached the learned Principal Sessions Judge, Kanniyakumari District at Nagercoil, for returning of 2/6

the said vehicle in Crl.M.P.No.746 of 2023 and the learned Principal Sessions Judge, vide order dated 02.02.2023, has allowed the petition with certain condition that the petitioner shall deposit a sum of Rs.1,00,000/- (Rupees One Lakh only) before the Judicial Magistrate Court No.1, Padmanabhapuram. Challenging the above said condition, the above Criminal Revision came to be filed before this Court.

4. Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondent.

5. The learned Additional Public Prosecutor appearing for the respondent would submit that the petitioner is not having any previous cases for similar offence and that the said vehicle was not involved in any other previous case.

6. The learned counsel appearing for the petitioner would submit that the petitioner's vehicle was never involved in any illegal activity and the respondent police without verifying the same has foisted the above false case. He would further submit that the petitioner's family is depending upon the income deprived from the above said vehicle.

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7. The main grievances of the petitioner is that the condition imposed by the learned Principal Sessions Judge in directing the petitioner to deposit a sum of Rs.1,00,000/- is onerous and that the value of the vehicle will be deteriorated due to the exposure to sun and rain.

8. Considering the above facts and circumstances of the case and also the fact that the petitioner's vehicle was not involved in any other case and also taking note of the submission made by the learned counsel appearing for the petitioner that the condition No.(i) imposed by the learned Principal Sessions Judge is onerous, this Court is inclined to modify the condition.

9. In view of the above, the order of the learned Principal Sessions Judge, Kanniyakumari District at Nagercoil, made in Crl.M.P.No.746 of 2023, dated 02.02.2023 is modified in respect of the condition No.(i) alone and it is modified to the effect that the petitioner is directed to deposit a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) as non-refundable for the vehicle to the credit of the District Mineral Foundation Trust, Kanniyakumari District and also to execute a bond for a sum of Rs.1,50,000/- (Rupees One Lakh and Fifty 4/6

Thousand only) with two sureties for a likesum to the satisfaction of the learned Judicial Magistrate Court No.I, Padmanabhapuram. In respect of other conditions, the order of the learned Principal Sessions Judge, Kanniyakumari District at Nagercoil, shall remain unaltered. Accordingly, this Criminal Revision Petition is disposed of.

14.03.2023 NCC : Yes/No Index : Yes/No Internet : Yes/No csm To:- 1.The Principal Sessions Judge, Kanniyakumari District at Nagercoil.

2.The Judicial Magistrate No.I, Padmanabhapuram.

3.The Sub-Inspector of Police, Kotticode Police Station, Kanyakumari District.

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

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K.MURALI SHANKAR, J.

csm ORDER MADE IN Crl.R.C.(MD)No.290 of 2023 14.03.2023 6/6