Madras High CourtCRL RC(MD)/451/2017ordered

V.Indirani v. The Inspector Of Police

2017-06-12Honourable Mr Justice A.M. Basheer Ahamed2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.06.2017

CORAM:

THE HON'BLE MR.JUSTICE A.M.BASHEER AHAMED Crl.R.C.(MD)No. 451 of 2017 V. Indirani ... Petitioner/Petitioner Vs.

The Inspector of Police, Thadicombu Police Station, Dindigul District.

.. Respondent/Respondent (Crime No.55 of 2016) Prayer: Petition filed under Sections 397 r/w 401 of Criminal Procedure Code, to call for the records pertaining to Cr.M.P.No.3976 of 2016 in R.P.R.No.25 of 2016 dated 26.09.2016 on the file of the learned Judicial Magistrate No.II, Dindigul and to set aside the condition No.2 alone imposed that the petitioner shall execute a bond for a sum of Rs.14,00,000/- (Rupees Fourteen Lakhs only) with two sureties before the trial Court. For Petitioner :

Mr.M. Maharaja For Respondent :

Mr.C.Mayil Vahana Rajendren, Additional Public Prosecutor.

O R D E R

The learned counsel appearing for the petitioner is present. Mr.C.Mayil Vahana Rajendiran, learned Additional Public Prosecutor takes notice for the respondent.

2. The present revision is preferred against the condition No.2 imposed in Cr.M.P.No.3976 of 2016 in R.P.R.No.25 of 2016, by the learned Judicial Magistrate No.II, Dindigul, dated 26.09.2016, in respect of return of vehicle for interim custody to the petitioner herein.

3. The learned counsel appearing for the petitioner contends that the value fixed by the trial Court for bond is onerous one and the vehicle is in the year 2015 model and he conceded to fix the value at Rs.9,00,000/-.

4. The learned Additional Public Prosecutor appearing for the respondent has no objection to reduce the value of the bond amount as Rs.9,00,000/-.

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5. Considering the reasons mentioned in the revision petition, this Court is inclined to allow the revision. Accordingly, this Criminal Revision Petition is allowed and the condition No.2 imposed in Cr.M.P.No.3976 of 2016 in R.P.R.No.25 of 2016, passed by the learned Judicial Magistrate No.II, Dindigul, dated 26.09.2016 is modified to the effect that the petitioner shall execute a bond for a sum of Rs.9,00,000/- (Rupees Nine Lakhs only) with one surety. The remaining conditions are unaltered by this Court.

Sd/- Assistant Registrar(co) / True Copy / Sub Assistant Registrar(C.S.) To 1.The Inspector of Police, Thadicombu Police Station, Dindigul District.

2.The Judicial Magistrate No.2, Dindigul.

+1cc to M/S.M.MAHARAJA, Advocate SR.No.59810 trp MAS/SV-MMS/SAR 1/20.06.2017/2P/4C Crl.R.C.(MD)No. 451 of 2017 12.06.2017 https://hcservices.ecourts.gov.in/hcservices/