Balasubramanian v. Ramasamy

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.07.2021

CORAM

THE HONOURABLE MRS. JUSTICE T.KRISHNAVALLI Balasubramanian ... Petitioner/Owner of Vehicle Vs.

1.Ramasamy ...1st Respondent/Accused No.2 2.The State through The Inspector of Police, Devakottai Taluk Police Station, Devakottai, Sivagangai District.

(Cr.No.127 of 2021) ...2nd Respondent/Complainant Prayer : This Criminal Revision is filed under Section 397 r/w 401 of Criminal Procedure Code, to modify the conditional order, dated 08.07.2021 made in Crl.M.P.No.1918 of 2021 on the file of the Principal Sessions Judge, Sivagangai, insofar as condition No.(ii) is concerned.

For Petitioner : Mr.B.Santhanam Rajeshkumar For R2 : Mr.RMS.Sethuraman Standing Counsel for State Government (Crl.side)

O R D E R

This petition has been filed to modify the impugned condition No.(ii) made in the order, dated 08.07.2021 made in Crl.M.P.No.1918 of 2021 on the file of the learned Principal Sessions Judge, Sivagangai.

2.The petitioner claims to be the owner of the Tractor with Trailer bearing Registration No.TN-63-AR-3872. The respondent police intercepted the vehicle of the petitioner and seized the same on the ground that it was used for carrying illegal sand without any valid permit and registered a case in Crime No.121 of 2021 under Section 379 IPC and 21(1) of Mines & Minerals (Development & Registration) 1/3

Act 1957. Subsequently, the petitioner has approached the learned Principal Sessions Judge, Sivagangai, by way of filing a petition in Crl.M.P.No.1918 of 2021 for release of the vehicle and the learned judge has allowed the petition filed by the petitioner by its order dated 08.07.2021, by imposing the (ii)nd condition to the effect that the petitioner should deposit a sum of Rs.50,000/- before the learned Principal Sessions Judge, Sivagangai in Crl.M.P.No.1918 of 2021, within a period of one week from the date of receipt of a copy of that order. Challenging the condition imposed by the trial Court, the petitioner is before this Court with this criminal revision. 3.Heard the learned counsel appearing on either side and perused the materials available on record.

4.The only grievance of the petitioner is that the (ii)nd condition imposed by the learned Principal Sessions Judge, Sivagangai, is onerous.

5.In view of that, this Criminal Revision is allowed. The order of the learned Principal Sessions Judge, Sivagangai, made in Crl.M.P.No.1918 of 2021, dated 08.07.2021 is modified in respect of 2nd condition alone and it is modified to the effect that the petitioner shall deposit a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) before the learned Principal Sessions Judge, Sivagangai in Crl.M.P.No.1918 of 2021, within a period of one week from the date of receipt of a copy of this order. In respect of other conditions, the order of the learned Principal Sessions Judge, Sivagangai, shall remain unaltered.

Sd/- Assistant Registrar (AS) // True Copy // / /2021 Sub Assistant Registrar(CS) vsd 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 Judge, Sivagangai.

2.The Inspector of Police, Devakottai Taluk Police Station, Devakottai, Sivagangai District.

2/3

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

26.07.2021 MGJ(02.08.2021) 3P 4C 3/3