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Madras High CourtCRL RC(MD)/563/2019partly allowed

R.Rengu v. The Inspector Of Police

2019-08-26Honourable Mrs Justice T. Krishnavalli (Retd.)2 pages

Crl.R.C.(MD)No.563 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATE: 26.08.2019 CORAM :

THE HONOURABLE MRS.JUSTICE T.KRISHNAVALLI Crl.R.C.(MD)No.563 of 2019 R.Regu ... Petitioner Vs.

The Inspector of Police, SIPCOT Police Station, Thoothukudi, Thoothukudi District.

(Crime No.249 of 2019) ... Respondent Prayer: Criminal Revision Petition filed under Section 397 r/w 401 Cr.P.C., to set aside the condition No.2 of the order passed in Cr.M.P.No.7616 of 2019 in Crime No.249 of 2019 on the file of the Judicial Magistrate No.III, Thoothukudi.

For Petitioner : Mr.S.C.Herold Singh For Respondent : Mr.A.P.G.Ohm Chairma Prabhu Government Advocate(Crl.side)

ORDER

This Criminal Revision Petition has been filed to set aside the condition No.2 of the order passed in Cr.M.P.No.7616 of 2019 in Crime No.249 of 2019 on the file of the Judicial Magistrate No.III, Thoothukudi.

2.Heard the learned counsel appearing for the petitioner and the learned Government Advocate(Crl.side) appearing for the respondent.

3.The learned counsel appearing for the petitioner submitted that the petitioner is the owner of the four wheeler bearing Registration No.TN 18 P 9372 and the same was seized by the respondent police alleging that the accused persons used the said vehicle for theft and registered a case in crime No.249 of 2019. He further submitted that the petitioner filed a petition in Cr.M.P.No.7616 of 2019 for releasing of his vehicle before the learned Judicial Magistrate No.III, Thoothukudi and the learned Magistrate passed order directing the respondent to handover the vehicle to the petitioner with certain condition. The second condition is to furnish surety for a sum of Rs.5,00,000/- and also directed the petitioner to furnish bond of Rs.5,00,000/-. He also submitted that no one else has come forward to furnish surety for https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.R.C.(MD)No.563 of 2019 Rs.5,00,000/- and hence, the petitioner filed this petition. 4.The learned Government Advocate(Crl.side) appearing for the first respondent submitted that there is no merits in this petition and the learned Magistrate correctly imposed the aforesaid condition and hence, he prayed for dismissal of this petition. 5.This Court is of the view that the learned Magistrate passed a erroneous order by imposing the aforesaid condition and hence, this Court is inclined to modify the conditions no.1 & 2 in order passed in Cr.M.P.No.7616 of 2019 as follows:

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6.In the result, this Criminal Revision Petition is allowed. Sd/- Assistant Registrar (CS-III) // True Copy // Sub Assistant Registrar(CS ) To 1.The Judicial Magistrate No.III, Thoothukudi.

2.The Inspector of Police, SIPCOT Police Station, Thoothukudi, Thoothukudi District.

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

+1 CC to Mr.S. C. HEROLD SINGH, Advocate SR-83797. Crl.R.C.(MD)No.563 of 2019 26.08.2019 CS(27.09.2019) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2