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Madras High CourtCRL RC(MD)/511/2020allowed

Ameer Basha v. The Sub Inspector Of Police

2020-09-22Honourable Mrs Justice R. Tharani2 pages

Crl. R.C.(MD)No.511 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date : 22.09.2020

CORAM

THE HONOURABLE MRS. JUSTICE R. THARANI Crl. R.C.(MD)No.511 of 2020 Ameer Basha .. Petitioner Vs.

The state represented, By Sub Inspector of Police, Vadamadurai Police Station, Vadamadurai, Dindigul District.

(in R.P.R.No.58 of 2020) In Crime No.918 of 2020 .. Respondent Prayer : This criminal revision case is filed under Sections 397 and 401 of Cr.P.C., to call for the records in Crl.M.P.No.1084 of 2020 in R.P.R.No.58 of 2020 in Crime No.918 of 2020 Additional District Munsif Cum Judicial Magistrate, Vedasandur, Dated 25.08.2020, modify the condition with regard to production of sureties portion alone.

For Petitioner : Mr.R.Sundar For Respondent : Mrs.Anandha Devi Government Advocate (Crl. Side)

ORDER

This Criminal Revision Case has been filed to set aside the order in Crl.M.P.No.1084 of 2020 in R.P.R.No.58 of 2020 in Crime No.918 of 2020 dated 25.08.2020, on the file of the learned Additional District Munsif cum Judicial Magistrate, Vedasandur. 2.The petitioner claims to be the owner of the vehicle/TOYOTA EDIS bearing Registration No.TN_45-BP-7625. On 16.06.2020, The respondent police seized the vehicle in Crime No.918 of 2020 under Sections 269, 271, 465, 468, 471, 484 and 420 of IPC on the file of the Vadamadurai Police Station. Subsequently, the petitioner has approached the learned Additional District Munsif cum Judicial Magistrate, Vedasandur, by filing a petition for release of the vehicle and the learned Magistrate allowed the petition filed by the petitioner in Crl.M.P.No.1084 of 2020, dated 25.08.

2020, by imposing the first condition to the effect that the petitioner shall execute a personal bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) along with two sureties for a like sum of Rs.10,00,000/- (Rupees Ten Lakhs only) each to the satisfaction of the Court. Challenging the said condition, the petitioner is before this Court with this Criminal Revision Case. 3.On the side of the petitioner, it is stated that the learned Magistrate imposed condition to execute a bond for a sum https://hcservices.ecourts.gov.

Crl. R.C.(MD)No.511 of 2020 of Rs.10,00,000/- with two sureties. It is stated that the petitioner was not be able to produce two sureties for the above said amount and prayed the condition to be modified. 4.A perusal of the R.C. Book reveals that the petitioner's vehicle was manufactured in the year 2018 and the petitioner is the owner of the vehicle.

5.In view of that, this Criminal Revision Case is allowed. The order of the learned Additional District Munsif cum Judicial Magistrate, Vedasundar, made in Crl.M.P.No.1084 of 2020 dated 25.08.2020 is modified with regard to production of sureties portion alone and it is modified to the effect that the petitioner shall execute a bond for a sum of Rs.5,00,000/- (Rupees Five Lakhs only) with two sureties each for a like sum. In respect of other conditions, the order of the learned Additional District Munsif cum Judicial Magistrate shall remain unaltered. Sd/- Assistant Registrar (CS-I) // True Copy // / /2020 Sub Assistant Registrar(CS) Mrn 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 Additional District Munsif cum Judicial Magistrate, Vedasandur.

2.The Sub Inspector of Police, Vadamadurai Police Station, Vadamadurai, Dindigul District.

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

Crl. R.C.(MD)No.511 of 2020 22.09.2020 MA(CO) KM (29.09.2020) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2