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Madras High CourtCRL RC(MD)/663/2021allowed

Suresh v. The Inspector Of Police

2021-09-22Honourable Mrs Justice T. Krishnavalli (Retd.)3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.09.2021

CORAM

THE HONOURABLE MRS. JUSTICE T.KRISHNAVALLI Suresh ... Petitioner/Petitioner Vs.

1.The Inspector of Police, R.S.Mangalam Police Station, Ramanathapuram District.

(Cr.No.60 of 2021) 2.The Revenue Divisional Officer, Ramanathapuram, Ramanathapuram District.

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

4.The Tahsildar, Taluk Officer, R.S.Mangalam, Ramanathapuram District.

...Respondents/Complainants

Prayer : This Criminal Revision has been filed under Section 397 r/w 401 of Criminal Procedure Code, to call for the records relating to the order passed by the Principal Sessions Judge, Ramanathapuram in Crl.M.P.No.1588 of 2021, dated 02.09.2021 set aside the same and allow this revision petition.

For Petitioner : Mr.P.Praveen Kumar for Ms.M.Anantha Devi For Respondents : Mr.RMS.Sethuraman, Additional Public Prosecutor

O R D E R

This petition has been filed to set aside the order passed in Cr.M.P.No.1588 of 2021, dated 02.09.2021 on the file of the learned Principal Sessions Judge, Ramanathapuram.

2.The petitioner claims to be the owner of the Tipper Lorry bearing Registration No.TN-49-Q-5385. The first respondent police intercepted the vehicle of the petitioner and seized the same on the 1/3

ground that it was used for carrying illegal sand without any valid permit and registered a case in Crime No.60 of 2021 under Section 379 IPC and Section 21(4) of Mines and Minerals (Development and Regulation) Act, 1957. Subsequently, the petitioner has approached the learned Principal Sessions Judge, Ramanathapuram, by way of filing a petition in Cr.M.P.No.1588 of 2021 for release of the vehicle and the learned judge has allowed the petition filed by the petitioner by its order, dated 02.09.2021, by imposing onerous conditions. Challenging the said order, the petitioner is before this Court with this petition.

3.Heard the learned counsel appearing on either side and perused the materials available on record.

4.The only grievance of the petitioner is that the conditions imposed by the learned Principal Sessions Judge, Ramanathapuram, are onerous.

5.In view of that, this Criminal Revision Case is partly allowed. The order of the learned Principal Sessions Judge, Ramanathapuram, made in Cr.M.P.No.1588 of 2021, dated 02.09.2021 is modified in respect of the condition Nos.2 and 3 are alone and in the 2nd condition is modified to the effect that the petitioner shall execute a bond for a sum of Rs.1,00,000/- with two sureties for like sum to the satisfaction of the trial Court and in the 3rd condition is modified to the effect that the petitioner shall pay a sum of Rs.50,000/- (Rupees Fifty thousand only) as costs, to the credit of the Chief Justice Relief Fund (payable in Accounts Section of the High Court Registry) within a period of two weeks from the date of receipt of a copy of this order, failing which this petition shall stand dismissed automatically without further reference to this Court and the order of the learned Principal Sessions Judge, Ramanathapuram will be restored. In respect of other conditions, the order of the learned Principal Sessions Judge, Ramanathapuram, shall remain unaltered.

Sd/- Assistant Registrar (P&A) // 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. 2/3

To 1.The Principal Sessions Judge, Ramanathapuram.

2.The Inspector of Police, R.S.Mangalam Police Station, Ramanathapuram District.

3.The Revenue Divisional Officer, Ramanathapuram, Ramanathapuram District.

4.The Director, Geology and Mining Department, Collectorate Complex, Ramanathapuram District.

5.The Tahsildar, Taluk Officer, R.S.Mangalam, Ramanathapuram District.

6. The Additional Public prosecutor, Madurai Bench of Madras High Court, Madurai 22.09.2021 KS(CO) KB(07.10.2021) 3P 7C 3/3