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Madras High CourtCRL MP(MD)/3776/2020dismissed

Mahendran v. The Inspector Of Police

2020-08-05Honourable Mrs Justice R. Tharani2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Civil Appellate Jurisdiction Wednesday, the Fifth day of August Two Thousand and Twenty PRESENT The Hon`ble Mrs.Justice R.THARANI CRL MP(MD). No.3776 of 2020 in Crl. R.C. (MD) No. 299 of 2020 Mahendran ... Petitioner/Petitioner Vs The Inspector of Police, Sattur Taluk Police Station, Virudhunagar District.

(Cr.No.118 of 2018).

... Respondent/Respondent Prayer :- To modify the order dt.8.7.2020 passed in Crl.RC(MD). No.299 of 2020 in so far as imposing condition to deposit Rs.1,00,000/- alone, and pass such further or other orders as this Honble Court.

Prayer in Crl.R.C.(MD) No. 299 of 2020:- Criminal Revision Case filed under Section 397 r/w 401 of Cr.P.C. to call for the records pertaining to order dated 12.2.2020 passed by the Learned Judicial Magistrate No.II, Sattur in Crl.M.P. No. 514 of 2020 in Crime No. 118 of 2018 on the file of the Respondent Police and set aside the same by allowing the above Criminal Revision Petition and further direct the Respondent Police to return the vehicles viz., Tractor bearinig Regn. No.TN 67B 9549 and trailer bearinig registration No. TN67B 9550 to the Revision petitionoer.

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 M/s P.Kalaiyarasi Bharathi, Advocate for the Petitioner and of Mr.K.Dinesh Babu Additional Public Prosecutor , for the respondent, this Court made the following order:

Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the respondent.

2. This Criminal Miscellaneous Petition is filed to modify the order dated 08.07.2020 passed by this Court in Crl.R.C.(MD)No.299 of 2020 in so far as imposing a condition to deposit Rs.1,00,000/-. https://hcservices.ecourts.gov.in/hcservices/

3. On the side of the petitioner, it is stated that this Court allowed the petition in Crl.R.C.(MD)No.299 of 2020 dated 08.07.2020,

imposing the condition to deposit a sum of Rs.1,00,000/- (Rupees One Lakh only) to the credit of Crime No.118 of 2018 and that due to COVID-19 pandemic situation, the petitioner has no source of income and not able to mobilize such a huge amount of Rs.1,00,000/- and hence, the petitioner prayed that the amount to be reduced to Rs.25,000/- (Rupees Twenty Five Thousand only).

4. On the side of the prosecution, it is stated that the petitioner has involved as many as ten previous cases of the same nature and prayed the petition to be dismissed.

5. Considering the facts and circumstances of the case and considering the fact that the petitioner involved in ten previous cases of the same in nature, this Court is not inclined to modify the condition. Hence, this Petition is dismissed. Sd/- Assistant Registrar (CS-II) // True Copy // / /2020 Sub Assistant Registrar(CS) To

1. The Judicial Magistrate No.II, Sattur.

2. The Inspector of Police Sattur Taluk Police Station, Virudhunagar District.

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

ORDER DATED : 05/08/2020 ==========================

ORDER

========================== CRL MP(MD). No.3776 of 2020 in Crl. R.C.(M.D) No. 299 of 2020 Giving direction and etc.

as stated within.

SDS (18.08.2020) 2P-4C https://hcservices.ecourts.gov.in/hcservices/