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Madras High CourtCRL RC(MD)/216/2017modified

D.Anthony Joseph Selvan, v. State Rep.By

2017-07-12Honourable Mr Justice V. Bharathidasan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.07.2017 CORAM :

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN Crl.R.C (MD) No.216 of 2017 D.Anthony Joseph Selvan .. Petitioner Vs.

State rep.by The Inspector of Police, Authoor Police Station, Thoothukudi District, Crime No.394 of 2015.

... Respondent Petition filed under Sections 397 read with 401 Cr.P.C, to call for records in Cr.M.P.No.1701 of 2016 dated 02.03.2016 on the file of the Judicial Magistrate, Thiruchendur, Thoothukudi District and modify the condition directing the petitioner to execute a bond for Rs.5,00,000/- with two sureties for the like sum each. For Petitioner : Mr.A.Thiruvadikumar For Respondent : Mr.C.Mayilvahana Rajendran Additional Public Prosecutor

ORDER

This Revision Case has been filed seeking modification in the condition imposed by the Court below for releasing the vehicle. 2.The petitioner is an accused in Crime No.394 of 2015 on the file of the respondent police for the offence under Sections 341, 294(b), 307 and 506(ii) IPC. During investigation, a Tata ACE HIT bearing Registration No.TN-69-AA-2413 has been seized by the respondent police, suspecting the involvement of the vehicle in a crime. Subsequently, the petitioner has filed an application seeking return of vehicle. The Court below has allowed the application and imposed a condition that the petitioner should execute a bond for a sum of Rs.5,00,000/- with two sureties for the like sum each with other conditions. Being aggrieved with the said condition, the present Revision Case has been filed. 3.I have heard Mr.A.Thiruvadikumar, learned counsel for the petitioner and Mr.C.Mayilvahana Rajendran, learned Additional Public Prosecutor for the respondent and perused the records carefully.

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4.The learned counsel for the petitioner submitted that the bond amount fixed by the Court below is highly excessive and the petitioner is not in a position to execute a bond for a sum of Rs.5,00,000/- with two sureties for the like sum each and hence the condition imposed by the Court below can be modified. 5.Considering the submission made by the learned counsel for the petitioner, the condition imposed by the Court below with regard to execution of bond is modified as stated below: "The petitioner is directed to execute a bond for a sum of Rs.1,00,000/- with two sureties for the like sum each and the other conditions imposed by the Court below remains unaltered."

6.With the above modification, this Criminal Revision Case is disposed of.

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

1. The Judicial Magistrate, Thiruchendur, Thoothukudi.

2. The Cheif Judicial Magistrate, Thoothukudi.

3. The Inspector of Police, Authoor Police Station, Thoothukudi District,

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

+1cc to Mr.A.Thiruvadikumar, Advocate Sr.No.64891 MJ VB/SV/SAR4/21.07.2017/2P/6C Crl.R.C(MD)No.216 of 2017 12.07.2017 https://hcservices.ecourts.gov.in/hcservices/