Madras High CourtCRL RC(MD)/421/2020allowed

Vijay v. The Inspector Of Police

2021-04-08Honourable Mrs Justice T. Krishnavalli (Retd.)3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.04.2021

CORAM

THE HONOURABLE MRS. JUSTICE T.KRISHNAVALLI Vijay ... Petitioner/Petitioner Vs.

The Inspector of Police, Velliyanai Police Station, Karur District.

(Crime No.199 of 2019)

...Respondent/Respondent

Prayer : This Criminal Revision has been filed under Section 397 r/w 401 of Criminal Procedure Code, to call for the records in pertaining to the order of the Principal Sessions Judge, Karur, dated 07.02.2020 made in Crl.M.P.No.111 of 2020 and modify the 1st condition and allow this revision.

For Petitioner : Mr.K.Arunraj For Respondent : Mr.A.Robinson, Government Advocate (Crl.side) ***

O R D E R

This petition has been filed to modify the 1st condition imposed by the learned Principal Sessions Judge in the order passed in Crl.M.P.No.111 of 2020, dated 07.02.2020.

2.The petitioner claims to be the owner of the Indica DLS Car bearing Registration No.TN-39-BB-9024. On 25.10.2019, the respondent police intercepted the vehicle of the petitioner and seized the same on the ground that it was used for carrying illegal sand without any valid permit and registered a case in Crime No.199 of 2019 under Section 379 IPC r/w Section 21(1) of Mines and Minerals (Development and Regulation) Act, 1957. Subsequently, the petitioner has approached the learned Principal Sessions Judge, Karur, by way of filing a petition in Crl.M.P.No.111 of 2020 for release of the vehicle and the learned judge has allowed the petition filed by the petitioner by its order, dated 07.02.2020, by imposing the 1st condition to the effect that the petitioner was directed to surrender the original R.C.Book and also to deposit a sum of 1/3

Rs.1,00,000/- (Rupees One lakh only) before the learned Principal Sessions Judge, Karur, in Crime No.199 of 2019 of Velliyanai Police Station. Challenging the 1st condition imposed by the trial Court, the petitioner is before this Court with this criminal revision. 3.Heard the learned counsel appearing on either side and perused the materials available on record.

4.The only grievance of the petitioner is that the 1st condition imposed by the learned Principal Sessions Judge, Karur, is onerous.

5.In view of that, this Criminal Revision is allowed. The order of the learned Principal Sessions Judge, Karur, made in Crl.M.P.No.111 of 2020, dated 07.02.2020 is modified in respect of the 1st condition alone and it is modified to the effect that the petitioner is directed to surrender the original R.C.Book and to deposit a sum of Rs.50,000/- (Rupees Fifty thousand only) before the learned Principal Sessions Judge, Karur to the credit of Crime No.199 of 2019 of Velliyanai Police Station. In respect of other conditions, the order of the learned Principal Sessions Judge, Karur, shall remain unaltered.

Sd/- Assistant Registrar (AS) // True Copy // / /2021 Sub Assistant Registrar(CS) vsd Note:In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To 1.The Principal Sessions Judge, Karur District,Karur.

2.The Inspector of Police, Velliyanai Police Station, Karur District.

2/3

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

08.04.2021 SE(CO) KK(09.04.2021) 3P 4C 3/3