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Madras High CourtCRL MP(MD)/6327/2020dismissed

N.Gokulakannan v. The Sub Inspector Of Police

2020-12-02Honourable Mrs Justice R. Tharani2 pages

CRL MP(MD). No.6327 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT (Criminal Original Jurisdiction) Wednesday, the Second day of December Two Thousand and Twenty PRESENT The Hon'ble Mrs.Justice R.THARANI CRL MP(MD). No.6327 of 2020 in CRL RC(MD).No.519 of 2020 N.Gokulakannan

...Petitioner/Petitioner/Owner of the Vehicle

Vs State Rep.by The Sub Inspector of Police, Rameshwaram Town Police Station, Ramanathapuram District (Crime No. 55 of 2020).

...Respondent/Respondent/Complainant

Prayer in CRL MP(MD). No.6327 of 2020 :- Criminal Miscellaneous Petition is filed under section 482 of Criminal Procedure Code, praying this Hon'ble Court to Modify the condition of deposit original Registration certificate of the Petitioners vehicle before the Learned District Munsif cum Judicial Magistrate Rameshwaram Ramanathapuram District imposed upon to the Petitioner in CRL RC(MD).No.519 of 2020 dated 07.10.2020 Prayer in CRL RC(MD).No.519 of 2020:

Criminal Revision Case is filed under Sections 397 & 401 of Cr.P.C., to call for the records pertaining to the order passed in Cr.M.P.No.925 of 2020 in Crime No.55 of 2020 dated 21.07.2020 on the file of the learned District Munsif cum Judicial Magistrate, Rameshwaram, Ramanathapuram District and to set aside the same. ORDER:- Criminal Miscellaneous Petition coming on for hearing on this day and upon perusing the petition and the affidavit filed in support thereof and the earlier order of this Court and upon hearing the arguments of Mr.T.Veerakumar, Advocate for the Petitioner and of Mr. A.Saravanakumar, Government Advocate (Criminal Side) On Behalf of the Respondent, this Court made the following order: This petition has been filed to modify the condition of deposit of original Registration certificate of the petitioner's vehicle before the learned District Munsif cum Judicial Magistrate, Rameshwaram, Ramanathapuram District imposed by this Court in Crl.R.C.(MD)No.519 of 2020 dated 07.10.2020.

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

CRL MP(MD). No.6327 of 2020 2.On the side of the petitioner, it is stated that this Court has passed an order dated 07.10.2020, directing the respondent to return the petitioner's vehicle by imposing certain conditions. It is further stated that the vehicle is hypothecated with the financier and the petitioner is not in a position to produce the R.C. Book and prayed condition no.1 to be relaxed. 3.On the side of the respondent, it is stated that the conditions imposed by this Court are reasonable and prayed the petition to be dismissed.

4.It is seen that though the vehicle is with the financier, it is the duty of the petitioner to oblige the order of this Court and hence, there is nothing sufficient enough to modify the conditions imposed by this Court.

5.In the above circumstances, this Criminal Miscellaneous Petition is dismissed.

Sd/- Assistant Registrar (CS-I) // True Copy // / /2020 Sub Assistant Registrar(CS) To 1.The District Munsif cum Judicial Magistate, Rameshwaram, Ramanathapuram.

2.The Sub Inspector of Police, Rameshwaram Police Station, Ramanathapuram District.

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

Crl. M.P.(MD)No.6327 of 2020 in Crl.R.C.(MD)No.519 of 2020 KB(16.12.2020) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2