Madras High CourtCRL RC(MD)/742/2022disposed of

M.Malavizhi v. The Inspector Of Police

2022-11-04Honourable Mr Justice G.Ilangovan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.11.2022

CORAM

THE HONOURABLE MR. JUSTICE G.ILANGOVAN M.Malarvhizhi .. Petitioner Vs.

The Inspector of Police, Thuckalay Police Station, Rep. by the Public Prosecutor, Kanyakumari District.

.. Respondent PRAYER: This Civil Revision Case is filed under Sections 397 r/w 401 (1) of the Criminal Procedure Code, to call for the records and set aside the order passed in Crl.M.P.No.3411/2022, dated 09/07/2022, passed by the Court of Principal Sessions Court Kanyakumari District at Nagercoil in Crime No.758/2021 on the file of the respondent Thuckalay Police Station. For Petitioner : Mr.S.C.Herold Singh For Respondent : Mr.RMS.Sethuraman Additional Public Prosecutor 1/4

ORDER

This revision petition has been filed to set aside the order passed in Crl.M.P.No.3411/2022, dated 09/07/2022, passed by the Court of Principal Sessions Court Kanyakumari District at Nagercoil in Crime No.758/2021 on the file of the respondent Thuckalay Police Station. 2.Earlier, the learned Additional Public Prosecutor submitted that the petitioner is having previous case in Crime No.234 of 2019, on the file of Anjugramam Police Station for similar offence. On that ground only the petition filed by the petitioner was dismissed by the Special Court. Therefore, the petitioner was directed to file an affidavit to the effect that she will not indulge in such sort of activities in future. On the basis of the above said directions, the petitioner has filed an undertaking affidavit today.

Therefore, this court is inclined to allow this petition. 3.Accordingly, this Criminal Revision Case is allowed and the order in Crl.M.P.No.3411 of 2022, dated 09.07.2022, passed by the Court of Principal Sessions Court Kanyakumari District at Nagercoil is hereby set aside. The vehicle is ordered to be returned to the petitioner by following proper procedure. The petitioner shall produce the original R.C.

undertaking affidavit to the effect that he will not alter or change the vehicle. The petitioner shall execute a bond to the satisfaction of the concerned Court to be fixed of its own discretion. 04.11.2022 Index : Yes / No Internet : Yes / No TM To 1.The Principal Sessions Court Kanyakumari District at Nagercoil. 2.The Inspector of Police, Thuckalay Police Station, Kanyakumari District.

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

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G.ILANGOVAN,J.

TM 04.11.2022 4/4