Mathivanan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.06.2023

CORAM:

THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR Crl.R.C.(MD)No.644 of 2023 Mathivanan ... Petitioner/ Petitioner Vs.

The State represented by The Inspector of Police, Nagudi Police Station, Pudukottai District.

(Crime No.85 of 2023) ... Respondent/ Respondent Prayer : This Criminal Revision has been filed under Section 397 & 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.1908 of 2023 dated 14.06.2023 and set aside the condition 1 in so far directing the petitioner to deposit a sum of Rs.60,000/- as cash security.

For Petitioner : Mr.T.Lenin Kumar For Respondent : Mr.SS.Madhavan, Government Advocate (Crl. side) 1/6

O R D E R

This Criminal Revision is directed against the condition No.(1) imposed by the learned Principal District and Sessions Judge, Pudukkottai, in the order passed in Crl.M.P.No.1908 of 2023 dated 14.06.2023.

2. The petitioner claims to be the owner of Tractor Chassis No.MBNAAALGANZJO6265. On 26.04.2023, the respondent police seized the Tractor Chassis No.MBNAAALGANZJO6265 as the same was used for transporting gravel sand without any valid license or permit and registered a case in Crime No.85 of 2023 for the offences under Section 379 IPC r/w Sections 21(1) and 21(2) of Mines and Minerals (Development and Regulation) Act, 1957.

3. It is not in dispute that the petitioner has approached the learned Principal District and Sessions Judge, Pudukkottai, for returning of the said vehicle in Crl.M.P.No.1908 of 2023 and the learned Sessions Judge, vide order dated 14.06.2023, has allowed the petition with certain condition that the petitioner shall deposit a sum of Rs.60,000/- (Rupees Sixty Thousand only) in the name of the District Collector, Pudukkottai 2/6

District as non-refundable payment. Challenging the above said condition, the above Criminal Revision came to be filed before this Court.

4. Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Criminal Side) appearing for the respondent.

5. The learned Government Advocate (Criminal Side) appearing for the respondent would submit that the petitioner is not having any previous cases for similar offence and that the said vehicle was not involved in any other previous case. He would further submit that the value of the said vehicle is around Rs.6,00,000/-.

6. The learned counsel appearing 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. 3/6

7. The main grievances of the petitioner is that the condition imposed by the learned Sessions Judge in directing the petitioner to deposit a sum of Rs.60,000/- is onerous and that the value of the vehicle will be deteriorated due to the exposure to sun and rain.

8. Considering the above facts and circumstances of the case and also the fact that the petitioner's vehicle was not involved in any other case and also taking note of the submission made by the learned counsel appearing for the petitioner that the condition No.(1) imposed by the learned Sessions Judge is onerous, this Court is inclined to modify the condition.

9. In the result, this Criminal Revision case is allowed. The order of the learned Principal District and Sessions Judge, Pudukkottai, made in Crl.M.P.No.1908 of 2023, dated 14.06.2023 is modified in respect of the condition Nos.(1) and (2) alone and it is modified to the effect that the petitioner is directed to deposit a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) as non-refundable for the vehicle to the credit of the District Mineral Foundation Trust, Pudukkottai District and also to 4/6

execute a bond for a sum of Rs.2,00,000/- (Rupees Two Lakhs only) with two sureties for a likesum to the satisfaction of the learned Principal District and Sessions Judge, Pudukkottai. In respect of other conditions, the order of the learned Principal District and Sessions Judge, Pudukkottai, shall remain unaltered.

27.06.2023 NCC : Yes/No Index : Yes/No Internet : Yes/No csm To:- 1.The Principal District and Sessions Judge, Pudukkottai.

2.The Inspector of Police, Nagudi Police Station, Pudukottai District.

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

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K.MURALI SHANKAR, J.

csm ORDER MADE IN Crl.R.C.(MD)No.644 of 2023 Dated : 27.06.2023 6/6