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Madras High CourtCRL RC(MD)/473/2022ordered

Saranya Devi v. The Inspector Of Police

2022-05-11Honourable Mr Justice M.Dhandapani3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :11.05.2022

CORAM

THE HONOURABLE Mr.JUSTICE M.DHANDAPANI Saranya Devi .. Petitioner/Petitioner/ Owner of the vehicle Vs 1.The Inspector of Police, Abiramam Police Station, Ramanathapuram District.

(Crime No.459 of 2021) 2.The Revenue Divisional Officer, Paramakudi.

3.The Assistant Director, Geology and Mining Department, Collector Complex, 4.The Tahsildar, Taluk Office, Kamuthi.

.. Respondents Prayer: Criminal Revision Case is filed under Section 397 r/w 402 of Criminal Procedure Code, 1973, to set aside the impugned condition No.3 made in the impugned order dated 01.11.2021 made in Cr.M.P.No.2376 of 2021 on the file of the learned Principal Sessions Judge, Ramanathapuram and consequently to return the petitioner's vehicle, namely Tractor and Trailer, bearing Registration No.TN 65 E 7633 to the petitioner forthwith.

For Petitioner : Mr.M.S.Jeyakarthick For Respondents :Mr.S.Ravi Additional Public Prosecutor

O R D E R

This petition has been filed to set aside the impugned condition No.3 made in the impugned order dated 01.11.2021 made in Cr.M.P.No.2376 of 2021 on the file of the learned Principal Sessions Judge, Ramanathapuram and consequently to return the petitioner's vehicle, namely Tractor and Trailer, bearing Registration No.TN 65 E 7633 to the petitioner forthwith.

2.The case of the petitioner is that the petitioner is not an accused and she is the owner of the vehicle and the petitioner's 1/3

vehicle was involved illegal transportation of Savudu sand and the said vehicle was seized by the Law Enforcing Agency and thereafter, the petitioner has filed an application for release of vehicle in Cr.M.P.No.2376 of 2021 on the file of the learned Principal Sessions Judge, Ramanathapuram and the said application was allowed on condition that the petitioner is directed to remit a sum of Rs.60,000/- as costs within a period of two weeks from the date of receipt of a copy of that order by way of an individual deposit in favour of the District Legal Service Authority, Ramanathapuram. Challenging the same, the present criminal revision case is filed. 3.The learned counsel appearing for the petitioner would submit that while trial Court considering the return of properties, imposed a condition is not sustainable one. He would further submit that he is ready to deposit a sum of Rs.25,000/- and prayed for modification.

4.Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondents Police.

5.Considering the submission made by the learned counsel appearing for the petitioner, this Criminal Revision Case is ordered by modifying the impugned Condition No.3 imposed in Cr.M.P.No.2376 of 2021 on the file of the learned Principal Sessions Judge, Ramanathapuram to the effect that the petitioner is directed to remit a sum of Rs.25,000/- as costs within a period of two weeks from the date of receipt of a copy of this order, by way of an individual deposit in favour of the District Legal Service Authority, Ramanathapuram. In respect of other conditions, the order of the learned learned Principal Sessions Judge, Ramanathapuram shall remain unaltered.

Sd/- Assistant Registrar (CS-I) // True Copy // / /2022 Sub Assistant Registrar(CS) vsg/vsd To 1.The Principal Sessions Judge, 2.The Inspector of Police, Abiramam Police Station, Ramanathapuram District.

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3.The Revenue Divisional Officer, Paramakudi.

4.The Assistant Director, Geology and Mining Department, Collector Complex, 5.The Tahsildar, Taluk Office, Kamuthi.

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

COPY TO:

The Officer In-Charge, District Legal Service Authority, Ramanathapuram. +1 CC to M/s.M.S. JEYAKARTHIK, Advocate ( SR-23679[F] dated 12/05/2022 ) 11.05.2022 RD(19.05.2022) 3P 9C 3/3