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Madras High CourtCRL RC(MD)/549/2022allowed

M.Selvapandi v. The Inspector Of Police

2022-06-27Honourable Mr Justice K.Murali Shankar6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.06.2022

CORAM:

THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR Crl.R.C.(MD)No.549 of 2022 M.Selvapandi ... Revision Petitioner/Petitioner/ Owner of the vehicle Vs.

1.State rep.by its The Inspector of Police, Parthibanur Police Station, Ramanathapuram District.

(Crime No.785 of 2021) ...1st Respondent/1st Respondent/ Complainant 2.The Revenue Divisional Officer, Paramakudi.

3.The Assistant Director, Geology and Mining Department, Collectorate Complex, Ramanathapuram.

4.The Tahsildhar, Taluk Office, Paramakudi.

...Respondents 2 to 4/

Respondents 2 to 4 1/6

Prayer : This Criminal Revision has been filed under Section 397 (3) and 401 of Criminal Procedure Code, to call for the records and allow the criminal revision and set aside the order, dated 29.04.2022 in Cr.M.P.No.1129 of 2022 on the file of the learned Principal Sessions Judge, Ramanathapuram and release the Tipper Lorry bearing Registration No. TN-59-U-2473 and hand over to the revision petitioner.

For Petitioner : Mr.Senthil Kumar, R.

For Respondents : Mr.S.Manikandan, Government Advocate (Crl. side)

O R D E R

This Criminal Revision Petition is directed against the order passed by the learned Principal Sessions Judge, Ramanathapuram, in Cr.M.P.No.1129 of 2022, dated 29.04.2022.

2.The petitioner claims to be the owner of the Tipper Lorry bearing Registration No.TN-59-U-2473. On 10.03.2022, the respondent police intercepted the vehicles viz., JCB bearing Registration No.TN-67-AU-8842 and Tipper Lorry bearing Registration No. TN-59-U-2473 and seized the vehicles as 2/6

the same were used for transporting of illegal sand without any valid license or permit and registered a case in Crime No.42 of 2022 for the offence under Section 379 of IPC.

3.It is not in dispute that the petitioner has approached the learned Principal Sessions Court, Ramanathapuram, for returning of Tipper Lorry vehicle in Cr.M.P.No.1129 of 2022 and the learned Principal Sessions Judge, vide order dated 29.04.2022, has allowed the petition with certain conditions that the petitioner shall pay a sum of Rs.1,25,000/- as costs within a period of two weeks from the date of receipt of copy of that order, by way of an individual deposit in favour of District Legal Services Authority, Ramanathapuram, who shall receive the said amount as "Environmental Fund" and make use of the said amount for the purposes mentioned in the order passed by this Court in CRP(NPD)No.1643 of 2010, dated 20.06.2018 D.Govindasamy Vs. L.Ganesh Naidu (Deceased) and 2 others. Challenging the same, the above criminal revision came to be filed before this Court.

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4.Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Criminal Side) appearing for the respondents. 5.The learned counsel for the petitioner would submit that the petitioner's vehicle was never involved in any illegal activity and the respondent police without verifying the same has foisted the above false case. He would further submit that the petitioner's family is depending upon the income deprived from the above said vehicle on rental basis.

6.The main grievance of the petitioner is that the condition imposed by the learned Principal Sessions Judge in directing the petitioner to deposit a sum of Rs.1,25,000/- as non-refundable deposit is onerous and that the value of the vehicle will be deteriorated due to the exposure to sun and rain. 7.Considering the above facts and circumstances of the case and also the facts that the petitioner is not having any previous cases for similar offence and that the petitioner's vehicle was not involved in any other case and also taking 4/6

note of the fact that the condition imposed by the learned Principal Sessions Judge is onerous, this Court is inclined to modify the conditions. 8.In the result, this Criminal Revision Petition is partly allowed. The order of the learned Principal Sessions Judge, Ramanathapuram, made in Cr.M.P. No.1129 of 2022, dated 29.04.2022 is modified in respect of the condition No.2 alone and it is modified to the effect that the petitioner is directed to pay a sum of Rs.75,000/- (Rupees Seventy Five Thousand only) as non-refundable to the credit of the Legal Services Authority, Ramanathapuram, who shall receive the said amount as "Environmental Fund" and make use of the said amount for the purposes mentioned in the order passed by this Court in CRP(NPD)No.1643 of 2010, dated 20.06.2018 D.Govindasamy Vs. L.Ganesh Naidu (Deceased) and 2 others. In respect of other conditions, the order of the learned Principal Sessions Judge, Ramanathapuram, shall remain unaltered. 27.06.2022 Index : Yes/No Internet : Yes/No das 5/6

K.MURALI SHANKAR, J.

das To:- 1.The Principal Sessions Judge, Ramanathapuram.

2.The Inspector of Police, Parthibanur Police Station, Ramanathapuram District.

3.The Revenue Divisional Officer, Paramakudi. 4.The Assistant Director, Geology and Mining Department, Collectorate Complex, Ramanathapuram.

5.The Tahsildhar, Taluk Office, Paramakudi.

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

ORDER MADE IN Crl.R.C.(MD)No.549 of 2022 27.06.2022 6/6