Vellaisamy v. The Inspector Of Police

CRL OP(MD). No.15644 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 19/11/2021 PRESENT The Hon`ble Mr.Justice K.MURALI SHANKAR CRL OP(MD). No.15644 of 2021 Vellaisamy, S/o.Mangudi.

... Petitioner/Accused Vs The Inspector of Police, K.Pudupatty Police Station, Pudukkottai District.

Crime No. 159/2021 ... Respondent/Complainant For Petitioner : Mr.M.Fernand, Advocate.

For Respondent : Mr.Vaikkam Karunanithi, Government Advocate (Crl.Side).

PETITION FILED Under Sec.482 r/w 439(1)(B) of Cr.P.C PRAYER :- To modify the conditional order passed by the learned Principal District and Sessions Judge, Pudukkottai in Cr M.P.NO. 3454 of 2021 dt. 02.09.2021 suitably and to pass orders ORDER : The Court made the following order :- The petitioner has filed this petition to modify the condition imposed by the Principal District and Sessions Court, Pudukottai in Crl.M.P.No.3454 of 2021 dated 02.09.2021, directing the petitioner to deposit a sum of Rs.20,000/- in favour of Tamil Nadu Chief Minister's Relief Fund.

2.The learned counsel for the petitioner would submit that the petitioner is coming from a poor family and he is the bread winner of the family and due to pandemic situation, he was not able to attend the work and therefore he is not in a position to deposit the amount of Rs.20,000/-.

3.It is seen from the records that the Principal Sessions Judge has passed the impugned order, returning the bullock cart allegedly seized in Cr.No.159 of 2021 of respondent police for the offence under Section 379 IPC r/w 21(1) of Mines and Minerals (Development and Regulation) Act, 1957.

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

CRL OP(MD). No.15644 of 2021 4.Considering the reasons assigned and also the quantum of amount imposed by the learned Principal District & Sessions Judge, Pudukottai, this Court is inclined to modify the condition and the petitioner is to be directed to deposit Rs.10,000/- in favour of the Tamil Nadu Chief Minister's Relief Fund.

5.This petition is partly allowed and the other conditions in Crl.M.P.No.3454 of 2021 dated 02.09.2021 shall remain unaltered. Sd/- Assistant Registrar (CS-III) // True Copy // / /2021 Sub Assistant Registrar(CS) PNM 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 Judge, Pudukottai 2.The Inspector of Police, K.Pudupatty Police Station, Pudukkottai District.

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

COPY TO:

THE OFFICER INCHARGE, THE CHIEF MINISTER PUBLIC RELIEF FUND, SECRETARIAT, CHENNAI - 9.

ORDER

IN CRL OP(MD) No.15644 of 2021 Date : 19/11/2021 PS(CO) GC(30.11.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2