Parimala v. The Inspector Of Police
Crl. R.C.(MD)No.422 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATE : 27.07.2020
CORAM
THE HONOURABLE MRS. JUSTICE R. THARANI Crl. R.C.(MD)No.422 of 2020 Parimala ..Revision Petitioner/Petitioner Vs.
The State rep by The Inspector of Police, Thuvakudi Police Station, Trichy District.
(Crime No.871 of 2020) .. Respondent/Respondent Prayer : This criminal revision case is filed under Sections 397 r/w. 401 of Cr.P.C., to call for the records pertaining to the order passed by the learned Principal District and Sessions Judge, Trichy dated 15.07.2020 made in Crl.M.P.(MD)No.2387 of 2020 and to modify the first condition "the petitioner shall deposit a sum of Rs.1,00,000/- before the District Mineral Foundation Trust, Trichirappalli as non refundable deposit".
For Petitioner : Mr.B.Jameel Arasu For Respondents : Mr.K.Dinesh Babu, Additional Public Prosecutor
ORDER
This revision case has been filed to set aside the order passed in Crl.M.P.(MD)No.2387 of 2020 dated 15.07.2020, on the file of the learned Principal District and Sessions Judge, Trichy in respect of the first condition alone and to modify the first condition as the petitioner shall deposit a sum of Rs.1,00,000/- before the District Mineral Foundation Trust, Trichirappalli as non refundable deposit.
2.On the side of the petitioner, it is stated that the petitioner claims to be the owner of the lorry bearing Registration No.TN-88-B-2570. The respondent seized the lorry belonging to the petitioner alleging that the lorry was involved in illegal transportation of the sand. Subsequently, the petitioner has approached the learned Principal District and Sessions Judge, Tiruchirappalli, by filing a petition to grant interim custody of the vehicle and the learned Judge allowed the petition in Crl.M.P.No.2387 of 2020 dated 15.07.2020, by imposing the first condition to the effect that the petitioner shall deposit a sum of Rs.1,00,000/- (Rupees One Lakh only) before the District Mineral Foundation Trust, Tiruchirappalli as non refundable deposit and prays to modify the first condition as the petitioner is ready to deposit a sum of Rs.50,000/- (Rupees Fifty Thousand only) before the District Mineral Foundation Trust, https://hcservices.ecourts.gov.in/hcservices/ 1/2
Crl. R.C.(MD)No.422 of 2020 Tiruchirappalli and is not in a position to raise one lakh rupees. 3.The learned Additional Public Prosecutor has no serious objection in modifying the condition imposed by the learned Principal District and Sessions Judge.
4.In view of that, this Criminal Revision is allowed. The order of the learned Principal District and Sessions Judge, Trichy, made in Crl.M.P.No.2387 of 2020 dated 15.07.2020 is set aside in respect of the first condition alone and it is modified to the effect that the petitioner shall deposit a sum of Rs.50,000/- (Rupees Fifty Thousand only) before the District Mineral Foundation Trust, Tiruchirappalli. In respect of other conditions, the order of the learned Sessions Judge shall remain unaltered.
Sd/- Assistant Registrar () // True Copy // / /2020 Sub Assistant Registrar(CS) Mrn 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 District and Sessions Judge, Trichy.
2.The Inspector of Police, Thuvakudi Police Station, Trichy District.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
Copy to:
The Officer Incharge, District Mineral Foundation Trust, Tiruchirappalli.
Crl. R.C.(MD)No.422 of 2020 27.07.2020 KM (04.08.2020) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2