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Madras High CourtCRL MP(MD)/6969/2022ordered

Ilanchezhian v. The Revenue Divisional Officer

2022-06-30Honourable Mr Justice K.Murali Shankar3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Criminal Appellate Jurisdiction Thursday, the Thirtieth day of June Two Thousand and Twenty Two PRESENT The Hon`ble Mr.Justice K.MURALI SHANKAR CRL MP(MD). No.6969 of 2022 in CRL.RC(MD). No.99 of 2022 Ilanchezhian ... Petitioner/petitioner Vs 1 The Revenue Divisional Officer, Revenue Divisional Office, Ramanathapuram District.

2 The Tahsildar Taluk Office, Paramakudi Taluk Ramanthapuram District.

3 The Inspector of Police Parthibanoor Police Station, Ramanathapuram District. (Crime No. 141 of 2021) 4 The Assistant Director, Geology and Mining Department, Collectorate Complex, Ramanathapuram.

... Respondent/Respondent Prayer in CRL.MP(MD) No.6969 of 2022:- This Criminal Miscellaneous petition filed under section,482 of Crl.Procedure code, to modify the second condition in Cr.M.P. No. 2173 of 2021 dt. 08.11.2021 on the file of the learned Principal District Judge, Ramanthapuram in Crl.R.C.(MD) No. 99 of 2022 on the file of the Hon`ble Court and pass such further or other orders. Prayer in CRL.R.C (MD) No.99 of 2022 This Criminal Revision petition filed under section 397 and 401 of Cr.P.C, to call for the records pertaining to the order passed in Cr.M.P. No. 2173 of 2021 dt. 08.11.2021 on the file of the learned Principal Sessions Judge, Ramanthapuram and Set Aside and Modify the onerous 2nd and 3rd conditions.

ORDER:- This Criminal Miscellaneous petition coming on for orders on this day and upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Mr.T.Veera Kumar, Advocate for the Petitioner and of Mr.K.Sanjai Gandhi, Government Advocate for the respondents, this Court made the following order:

The Criminal Miscellaneous Petition is directed against the condition No.2 imposed by the learned Principal Sessions Judge, Ramanathapuram, in the order passed in Cr.M.P.No.2173 of 2021 dated 08.11.2021.

2.It is seen from the records that this Court, vide order dated 07.02.2022, has modified the condition No.3 alone and the petitioner was directed to deposit a sum of Rs.75,000/- before the Court below in Crime No.141 of 2021 of Pathibanoor Police Station. 3.The learned counsel for the petitioner would submit that in the revision petition, the petitioner has also challenged condition No.2, wherein, the learned Principal Sessions Judge directed the petitioner to execute a bond for a sum of Rs.1,00,000/- with two sureties for like sum to the satisfaction of that Court and that out of two sureties, one surety shall be the blood relative of the petitioner.

4.The main contention of the petitioner is that the vehicle in question belongs to KNR Construction Limited and the petitioner is the Liasioning Assistant Manager of the said company. 5.The learned Government Advocate (Criminal Side) would submit that R.C. stands in the name of the said company. 6.Considering the above, this Court is inclined to modify the condition No.2. Accordingly, this Criminal Miscellaneous Petition is allowed. The order of the learned Principal Sessions Judge, Ramanathapuram, made in Cr.M.P.No.2173 of 2021, dated 08.11.2021 is modified in respect of the condition No.2 alone and it is modified to the effect that the petitioner is directed to execute a bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with two sureties each for like sum to the satisfaction of the learned Principal Sessions Judge, Ramanathapuram. In respect of other conditions, the order of the learned Principal Sessions Judge, Ramanathapuram, shall remain unaltered.

Sd/- Assistant Registrar (CS III) // True Copy // /07/2022 Sub Assistant Registrar(CS) TO

1. The Principal Sessions Judge, Ramanthapuram,

2. The Inspector of Police, Parthibanoor Police Station Ramanathapuram , District (Crime No. 141 of 2021) +1CC to M/s.T.Veera Kumar,Advocate(SR.No.6392)

ORDER DATED : 30/06/2022 ==========================

ORDER

========================== CRL MP(MD). No.6969 of 2022 in Crl.RC No.99 of 2022 Giving direction and etc.

as stated within.

MGJ(11.07.2022) 3P 4C