Ramakrishnan v. The Inspector Of Police

Crl.RC(MD)No.535 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.08.2021

CORAM

THE HONOURABLE MRS. JUSTICE T.KRISHNAVALLI Crl.RC(MD)No.535 of 2021 Ramakrishnan ... Petitioner/Petitioner Vs.

State Rep. by The Inspector of Police, Avudaiyarkoil Police Station, Pudukottai District.

(Cr.No.275 of 2021) ... Respondent/Respondent Prayer : This Criminal Revision has been filed under Section 397 r/w 401 of Criminal Procedure Code, to call for the records pertaining to the order passed by the Principal District and Sessions Court, Pudukottai in Crl.M.P.No.2207 of 2021, dated 23.06.2021 and set aside the condition insofar directing the petitioner to deposit a sum of Rs.20,000/- as cash security.

For Petitioner : Mr.T.Lenin Kumar For Respondent : Mr.RMS.Sethuraman Counsel for State Government (Crl.side)

O R D E R

This Criminal Revision Case is filed to modify the onerous condition of deposit a sum of Rs.20,000/- (Rupees Twenty thousand only) as cash security imposed by the learned Principal District and Sessions Judge, Pudukkottai in the order passed in Crl.M.P.No.2207 of 2021, dated 23.06.2021.

2.The petitioner claims to be the owner of the Bullock Cart. On 12.06.2021, the respondent police seized the Bullock Cart on the ground that it was used for committing the offence of transporting the illegal sand. Subsequently, the petitioner has approached the learned Principal District and Sessions Judge, Pudukkottai, by way of filing a petition in Crl.M.P.No.2207of 2021 by its order, dated 23.06.2021, by imposing the condition to the effect that the petitioner under took to remit a sum of Rs.20,000/- (Rupees Twenty Thousand only) as non refundable amount to the following account of the Tamil Nadu Chief Minister's Relief Fund. Challenging the said 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.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.RC(MD)No.535 of 2021 4.The only grievance of the petitioner is that the conditions imposed by the learned Principal District and Sessions Judge, Pudukkottai, is onerous.

5.In view of that, this Criminal Revision Case is allowed. The order of the learned Principal District and Sessions Judge, Pudukkottai, made in Crl.M.P.No.2207 of 2021, dated 23.06.2021 is modified in respect of the condition (a) alone and it is modified to the effect that the petitioner under takes to remit a sum of Rs.5,000/- (Rupees Five Thousand only) as non refundable amount to the following account of the Tamil Nadu Chief Minister's Relief Fund. In respect of other conditions, the order of the learned Principal District and Sessions Judge, Pudukkottai, shall remain unaltered.

Sd/- Assistant Registrar (CS-II) // 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 District and Sessions Court, Pudukottai. 2.The Inspector of Police, Avudaiyarkoil Police Station, Pudukottai District.

(Cr.No.275 of 2021) 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court,Madurai.

Copy to:- The Officer Incharge, Chief Minister Public Relief fund,Secretariat, Chennai-600 009. Crl.RC(MD)No.535 of 2021 18.08.2021 RD(26.08.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2