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Madras High CourtCRL RC(MD)/441/2020dismissed

Muthu v. The Inspector Of Police

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

Crl. R.C.(MD)No.441 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATE : 05.08.2020

CORAM

THE HONOURABLE MRS. JUSTICE R. THARANI Crl. R.C.(MD)No.441 of 2020 Muthu .. Petitioner/Petitioner Vs.

The Inspector of Police Manamelkudi Police Station Pudukkottai District.

(Crime No.65 of 2019) .. Respondent/Respondent Prayer : This criminal revision case is filed under Sections 397 and 401 of Cr.P.C., to call for the records in connection with Cr.M.P.No.1866 of 2019 dated 25.07.2019 on the file of the learned Principal District and Sessions Judge, Pudukkottai and modify the condition with regard to directing the petitioner to deposit a cash security of Rs.50,000/- before the Judicial Magistrate Court, Aranthangi.

For Petitioner : Mr.R.Prasanna For Respondent : Mr.K.Dinesh Babu Additional Public Prosecutor

O R D E R

This revision has been filed to call for the records in connection with Cr.M.P.No.1866 of 2019 dated 25.07.2019 on the file of the learned Principal District and Sessions Judge, Pudukkottai and modify the condition with regard to the deposit of a cash security of Rs.50,000/- before the Judicial Magistrate Court, Aranthangi.

2. On the side of the petitioner, it is stated that the trial Court passed an order for return of the vehicle on condition to deposit a sum of Rs. 50,000/- to the credit of the District Minerals Foundation Trust and the said condition to be relaxed. It is further stated that though the order was passed in the year 2019, due to his financial condition, the petitioner was not able to deposit that amount and prayed that the condition may be reduced to Rs.25,000/-.

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Crl. R.C.(MD)No.441 of 2020

3. On the side of the prosecution, it is stated that in all similar cases an amount not below Rs.50,000/- was imposed, as a condition for the return of the vehicle and he objected to the relaxation of that condition.

4. A perusal of the records reveals that the offence involved is under Section 21(1) of Mines and Minerals (Development and Regulation) Act and the condition imposed by the learned Principal Sessions Judge is reasonable and there is no necessity to modify the condition.

5. Hence, this Criminal Revision Case is dismissed. Sd/- Assistant Registrar(AS) // True Copy // / /2020 Sub Assistant Registrar(CS) Ls 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, Pudukkottai 2.The Judicial Magistrate Court, Aranthangi.

3. The Inspector of Police Manamelkudi Police Station Pudukkottai District.

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

Crl. R.C.(MD)No.441 of 2020 05.08.2020 DB(CO) TR(14.08.2020) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2