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Madras High CourtCRL MP(MD)/4303/2025ordered

M. Murugan v. The State Of Tamil Nadu

2025-04-09Honourable Mr Justice K.Murali Shankar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09-04-2025

CORAM

THE HONOURABLE MR JUSTICE K.MURALI SHANKAR CRL MP(MD) No. 4303 of 2025 in Crl.RC(MD)No.701 of 2021 M. Murugan

...Petitioner

Vs 1.The State of Tamil Nadu Rep by The Inspector of Police, Kamuthi Police station, Crime No. 108/2021.

2.The Tahsildar, Taluk Office, Kamuthi.

3.The Revenue Divisional Officer, Paramakudi. 4.The Director, Geology and Mining Department, Collectorate Complex, Ramanathapuram.

...Respondents

Prayer : Criminal Miscellaneous Petition filed under Section 528 of BNSS, to extend the time to comply with the conditions in Crl.RC(MD)No.701 of 2021, dated 14.12.2021 on this file of this Court.

Prayer in CRL RC(MD). 701/ 2021 :

This Revision case is filed under Section 397 and r/w Section 401 of Cr.P.C.,to set aside the impugned Condition No.3 made in the order passed in Cr.M.P.No.1383 of 2021 on the file of the Learned Prinicipal Sessions Judge of Ramanathapuram dt. 3/8/2021 by allowing the Criminal Revision.

For Petitioner(s) : Mr.S.Ramsundarvijayraj For Respondent(s): Mr.B.Thanga Aravindh, Government Advocate (Criminal Side)

ORDER

This Criminal Miscellaneous Petition has been filed seeking extension of time to comply with the conditions imposed in Crl.RC(MD)No.701 of 2021, dated 14.12.2021 on the file of this Court.

2.It is not in dispute that the petitioner has moved an application in Cr.M.P. No.1383 of 2021 before the Principal Sessions Court, Ramanathapuram, seeking interim custody of the vehicle and the learned Principal Sessions Judge, vide order, dated 03.08.2021, has granted interim custody by imposing certain conditions, which includes that the petitioner has to deposit a sum of Rs.1,25,000/- to the District Legal Services Authority, Ramanathapuram. The petitioner has then moved the revision in Crl.R.C(MD)No.701 of 2021 before this Court seeking modification of the said condition and this Court vide order, dated 14.12.2021, directed the petitioner to deposit a sum of Rs.1,00,000/- before the trial Court in Crime No.108 of 2021 and directed the trial Court to deposit the said amount in any one of the Nationalized Bank in fixed deposit scheme, automatically renewable once in three years and the trial Court was directed to pass orders regarding the deposit amount after the completion of the case.

3. The petitioner, by alleging continuous illness, has come forward with the above extension petition. The learned counsel for the petitioner would submit that the petitioner was medically ill and as such, he could not comply with the

conditions; that the petitioner's vehicle is in custody of the respondent police for the past more than three years and that the lorry is the only source of income of the petitioner's family and that the petitioner is now ready to comply with the conditions imposed by this Court.

4. The learned Government Advocate (Criminal Side) would submit that this Court has modified the condition as early as on 14.12.2021 and the petitioner without complying the conditions has come forward with the present petition. 5.Considering the facts and circumstances of the case and also taking note of the fact that the vehicle is in the custody of the Police for more than three years, this Court is inclined to grant extension of time. The petitioner is directed to comply with the directions of this Court in Crl.RC(MD)No.701 of 2021, dated 14.12.2021 on or before 24.04.2025.

6. Accordingly, this Criminal Miscellaneous Petition is allowed. Sd/- 09/04/2025 // True Copy // / /2025 Sub Assistant Registrar (CS- I/ II / III / IV) das

To

1. The Principal Sessions Judge, Ramanathapuram.

2.The Inspector of Police, Kamuthi Police station, 3.The Tahsildar Taluk Office, Kamuthi.

4.The Revenue Divisional Officer Paramakudi.

5.The Director Geology and Mining Department, Collectorate Complex, Ramanathapuram.

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

+1CC to M/s.S.Ramsundarvijayraj,Advocate(SR.NO.4175) MGJ(21.04.2025) 4P 8C Madurai Bench of Madras High Court is issuing certified copies in this format from 17.07.2023