Marimuthu v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT (Criminal Original Jurisdiction) Thursday, the Thirtieth day of June, Two Thousand and Twenty Two PRESENT The Hon'ble Mr.Justice K.MURALI SHANKAR in CRL.R.C(MD) No.274 of 2022 Marimuthu ... Petitioner/Petitioner Vs.

The State rep. By The Inspector of Police, Soolakarai Police Station, Soolakarai, Virudhunagar District.

(In Crime No. 296 of 2020) ... Respondent/Respondent Prayer :- Criminal Miscellaneous Petition filed under Section 482 of Cr.P.C, praying this Honourable Court to modify the conditions imposed against the petitioner in Column (ii) of the order in Crl.R.C.(MD)No.274 of 2022, Dated. 18.03.2022. Prayer in CRL RC(MD). 274/ 2022 :

Criminal Revision Case filed under Section 397r\w 401 of C.P.C., to call for the records relating to case in Cr.MP.No.3897/2021 on the file of the Judicial Magistrate No.II, Virudhunagar, dt.21/10/2021 in Crime No.296/2020 on the file of the Respondent Police, and set aside the same.

ORDER:- This Petition coming upon for orders on this day and upon perusing the petition affidavit filed in support thereof the order of the Hon'ble Court dated 18.03.2022 in the above Crl.RC.,and upon hearing the arguments of Mr. S.M.Anantha Murugan, Advocate for the Petitioner, and of Mr.S.Manikandan, Govt. Advocate (Crl. Side) appearing on behalf of the Respondent, this Court made the following This Criminal Miscellaneous Petition has been filed to modify the condition No.2 imposed by this Court in Crl.R.C.(MD)No.274 of 2022 dated 18.03.2022, directing the petitioner to deposit the original Registration Certificate of the vehicle with the learned Judicial Magistrate No.II, Virudhunagar.

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2.The learned counsel for the petitioner would submit that the petitioner's name does not find place in the original FIR and subsequently he was implicated in the above case. 3.The learned counsel for the petitioner would further submit that a similar case was registered against the petitioner in Crime No.561 of 2020 on the file of Vatchakarapatti Police Station and the vehicle in question was seized, that the petitioner has filed an application for returning of the vehicle and the same was ordered and that the petitioner has already submitted the original Registration Certificate in pursuance of the direction of the learned Magistrate before the concerned Court and the same is now in the custody of the learned Judicial Magistrate No.II, Virudhunagar. He would further submit that he is not aware of the above factum and hence, the same was not mentioned in the earlier application. 4.The learned Government Advocate (Criminal Side) has not raised any objection to the above petition.

5.Considering the facts and circumstances of the case and also the fact that the petitioner has already submitted the Registration Certificate before the learned Magistrate in another case, this Court is inclined to modify the condition No.2. 6.In the result, this Criminal Miscellaneous Petition is allowed. The order of this Court made in Crl.R.C.(MD)No.274 of 2022 dated 18.03.2022 is modified in respect of the condition No.2 alone and it is modified to the effect that the petitioner is directed to produce the certified copy of the Registration Certificate before the learned Judicial Magistrate No.II, Virudhunagar and the other conditions shall remain unaltered.

Sd/- Assistant Registrar(CO) // True Copy // /07/2022 Sub Assistant Registrar(CS) TO

1. The Judicial Magistrate No.II, Virudhunagar.

2. The Inspector of Police, Soolakarai Police Station, Soolakarai, Virudhunagar District.

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

+ 1 CC to M/s S.M.Anantha Murugan, Advocate, Copy Application Sr. No.29158 of 2022 dated 30.06.2022.

ORDER DATED : 30/06/2022 ==========================

ORDER

========================== in CRL.R.C(MD) No.274 of 2022 Giving direction and etc.

as stated within.

KB(15.07.2022) 3P 5C 3/3