Vincent v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Criminal Appellate Jurisdiction Wednesday, the Twenty Seventh day of April Two Thousand and Twenty Two PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN in CRL RC(MD) No.873 of 2021 Vincent . Petitioner/Petitioner Vs The Inspector of Police Kaliyakkavilai Police Station, Kanyakumari District.
... Respondent/Respondent Prayer :- This Petition filed under section 482 of Cr.P.C to modify the condition imposed in Crl RC(MD).No.873 of 2021 dated 08.12.2021. Prayer in CRL RC(MD). 873/ 2021 :
This Criminal Revision Petition filed under secetion 397 r/wsection 401 Cr.P.C to call for the records and to allow the Revision Petition and set aside the order passed in Cr.M.P. No. 3770 of 2021 on the file of the learned Principa Sessions Judge, Kanaykumari District dated. 07.09.2021 in so far as condition no. (i).in paragraph No.6 is concerned.
ORDER:- This Petition coming on for orders on this day and upon perusing the petition and the affidavit filed in support thereof, perusing earlier order of this Court and upon hearing the arguments of Thiru.R.Mohanasundaram., Advocate for the Petitioner and of Mrs.M.Aasha, Government Advocate for the respondent, this Court made the following order:
This petition is filed to modify the condition imposed in Crl.R.C(MD)No.873 of 2021, dated 08.12.2021.
2.The learned counsel appearing for the petitioner submitted that the petitioner filed a petition to return the vehicle bearing Registration No.TN-74-AQ-8223 before the learned Principal Sessions 1/3
Judge, Kanyakumari District and the same was allowed by the learned judge in Cr.M.P.No.3770 of 2021, dated 07.09.2021 by imposing some conditions. One of the conditions imposed to the petitioner is that 'the petitioner should execute a bond for a sum of Rs.6,00,000/- (Rupees Six lakhs only) with two solvent sureties (Solvency Certificate to be obtained from the concerned Tahsildar) each for a likesum to the satisfaction of the Judicial Magistrate No.1, Kuzhithurai. Challenging the said condition imposed by the trial Court, the petitioner has filed Crl.R.C(MD)No.873 of 2021 and this Court by order dated 08.12.2021 allowed the said petition and imposed certain conditions. But the petitioner was not in a position to comply with the conditions, so he filed a petition in Crl.M.P(MD)No.2398 of 2022 in Crl.R.C(MD)No.873 of 2021 and the same was dismissed. Hence, he filed this petition seeking to modify the said condition.
3.Heard the learned counsel appearing on either side and perused the materials available on record.
4.Taking into consideration the submissions made by both the learned counsel, this petition is modified in respect of the condition Nos.1 and 3 are alone and the 1st condition is modified to the effect that 'the petitioner is directed to execute a bond with two sureties each for sum of Rs.4,00,000/- (Rupees Four lakhs only) and the 3rd condition is modified to the effect that the petitioner is directed to deposit Rs.1,00,000/- (Rupees One lakh only) before the trial Court in Cr.No.408 of 2021, Kalikakavilai Station. In respect of other conditions, the order dated 08.12.2021, in Crl.R.C (MD)No.873 of 2021, shall remain unaltered.
Sd/- Assistant Registrar (CO) // True Copy // / /2022 Sub Assistant Registrar(CS) vsd TO
1. The Principal Sessions Judge,Nagercoil, Kanyakumari District
2. The Judicial Magistrate No.1, Kuzhithurai
3. The Inspector of Police Kaliyakkavilai Police Station Kanyakumari District.
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4. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai ORDER DATED : 27/04/2022 ==========================
ORDER
========================== in CRL RC(MD) No.873 of 2021 Giving direction and etc.
as stated within.
RK(11/05/2022) 3P 5C 3/3