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Madras High CourtCRL RC(MD)/451/2021allowed

Manikandan v. The Inspector Of Police

2021-07-27Honourable Mrs Justice T. Krishnavalli (Retd.)3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Criminal Original Jurisdiction Monday, the Thirteenth day of September Two Thousand Twenty One PRESENT The Hon`ble Mrs.Justice T.KRISHNAVALLI CRL.MP(MD).No.6066 of 2021 in CRL RC(MD). No.451 of 2021 Manikandan S/o.Ravikumar No.43 Thimmarayasamudiram T.V.Kovil Trichy District.

... Petitioner/Petitioner Vs 1 The Inspector of Police Srirangam Police Station Trichy District.

... Respondent/Complainant Prayer in CRLMP(MSD).No. 6066 of 2021 This Criminal Miscellaneous Petition is filed U/S.482 of C.P.C., to Modify the order dated 27.07.2021 made in Crl.RC.(MD).No. 451 of 2021, on the file of this hon'ble Court in so far as condition No. 6(a) is concerned and pass such other orders. Prayer in Crl.RC.(MD).No. 451 of 2021:-This Criminal Revision Petition is filed U/S.397 r/w 401 of Cr.P.C., to set aside the order dated 08/01/2021 in Crl.M.P.No. 4544 of 2020 on the file of the Principal Sessions judge, Trichy, and allow the above Criminal Revision Petition and pass such other orders. ORDER:

This Criminal Miscellaneous Petition coming on for orders on this day and upon hearing the arguments of Thiru. S.Sathya Chithambaram, advocate for the Petitioner, and Thiru.RMS.Sethuraman, Counsel for state (Criminal Side), and upon considering this Court's earlier order dated 27.07.2021 in Crl.R.c(MS).No. 451 of 2021 the court made the following order:

This petition is filed to modify the condition No.6(a) made in Crl.R.C(MD)No.451 of 2021, dated 27.07.2021.

2.The learned counsel appearing for the petitioner submitted that this Court allowed the Criminal Revision Case in Crl.R.C(MD) No.451 of 2021, dated 27.07.2021 by imposing some conditions. One of the conditions imposed by this Court to the petitioner is that 'the petitioner should produce the original Registration Certificate of 1/3

the vehicle'. But the Original Registration Certificate of the vehicle was already deposited before the learned Judicial Magistrate No.5, Tiruchirappalli. Therefore, the petitioner could not produce the Original Registration Certificate of the vehicle and it is very difficult to the petitioner to comply with the said condition. Hence, he seeks to modify the said condition. 3.Heard the learned counsel appearing on either side and perused the materials available on record.

4.Taking into consideration, the submissions made by both the learned counsel, this petition is allowed and the condition No.6(a), is modified to the effect that the petitioner is directed to produce the attested copy of the Original Registration Certificate of the vehicle before the learned Principal Sessions Judge, Tiruchirappalli. In respect of other conditions, the order dated 27.07.2021, in Crl.R.C(MD)No.451 of 2021, shall remain unaltered. Sd/- Assistant Registrar (CS-II) // True Copy // / /2021 Sub Assistant Registrar(CS) 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 jJudge, Tiruchirappalli.

2.The Inspector of Police Srirangam Police Station Trichy District.

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

The Section Officer, Criminal Section, Madurai Bench of Madras High Court, Madurai 2/3

ORDER DATED : 13/09/2021 ==========================

ORDER

========================== CRL RC(MD). No.451 of 2021 Giving direction and etc.

as stated within.

KB(23.09.2021) 3P 5C 3/3