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Madras High CourtCRL RC(MD)/369/2020allowed

Pushpa v. The Inspector Of Police

2020-06-11Honourable Mr Justice G.R.Swaminathan2 pages

Crl.R.C.(MD)No.369 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.06.2020

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.R.C.(MD)No.369 of 2020 against Cr.M.P.No.329 of 2020 Pushpa

...Petitioner/Petitioner/Owner of the

Vehicle Vs.

The Inspector of Police, Karur Town Police Station, Karur District.

(Crime No.75 of 2020)

...Respondent/Respondent/Complainant

PRAYER: Criminal Revision Case is filed under Section 397 r/w. 401 of Cr.P.C, to call for the records pertaining to the order passed in Cr.M.P.No.329 of 2020 dated 24.03.2020, on the file of the learned Sessions Judge, Karur and modify the onerous condition of deposit of Rs.1,50,000/- as cash security before the learned Sessions Judge, Karur.

For Petitioner :

M/s.N.Jeyaram Sidharth For Respondent :

Mr.A.Robinson Government Advocate (Crl. Side)

O R D E R

This Criminal Revision case is filed to modify the condition imposed by the learned Sessions Judge in Cr.M.P.No.329 of 2020 dated 24.03.2020.

2. The petition mentioned vehicle was seized by the respondent police in connection with Cr.No.75 of 2020. She filed Cr.M.P.No.329 of 2020 before the learned Sessions Judge, Karur for its return. While the learned Sessions Judge allowed the petition, he also imposed conditions and one of the conditions was that the petitioner should deposit a sum of Rs.1,50,000/- as cash security. Aggrieved by the same, this Criminal Revision Petition has been filed.

3. Heard the learned counsel on either side.

4. I am of the view that the amount specified by the learned Sessions Judge is on the higher side. Considering the overall facts and circumstances of the case and in the interest of justice, the amount of deposit is modified and reduced to Rs.50,000/-. https://hcservices.ecourts.gov.in/hcservices/ 1/4

Crl.R.C.(MD)No.369 of 2020

5. With the above modification, the order of court below is hereby modified and the Criminal Revision is allowed. Sd/- Assistant Registrar (Crl.Side) // True Copy // / /2020 Sub Assistant Registrar(CS) vrn In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To 1.The Sessions Judge, Karur.

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

(Crime No.287 of 2018) 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

Crl.R.C.(MD)No.369 of 2020 against Cr.M.P.No.329 of 2020 11.06.2020 AP(15/06/2020) 2 P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/4