S.Subash v. The Inpsector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.09.2021

CORAM

THE HONOURABLE MRS. JUSTICE T.KRISHNAVALLI S.Subash ... Petitioner/Petitioner/Owner of the vehicle Vs.

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

... Respondent/Respondent/Complainant 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 in Crl.M.P.No.3563 of 2021, dated 19.08.2021 on the file of the Principal District & Sessions Court, Kanniyakumari and modify the onerous condition No.1.

For Petitioner : Mr.B.Mahendrarajan For Respondent : Mr.RMS.Sethuraman Additional Public Prosecutor

O R D E R

This petition has been filed to modify the condition No.1 imposed by the learned Principal Sessions Judge, Kanyakumari District at Nagercoil in the order passed in Crl.M.P.No.3563 of 2021, dated 19.08.2021.

2.The petitioner claims to be the owner of the Mahindra and Mahindra Ltd., Tipper bearing Registration No.TN-74-M-6251. The respondent police intercepted the vehicle of the petitioner and seized the same on the ground that it was used for carrying illegal quarry stones without any valid permit and registered a case in Crime No.278 of 2021 under Section 379 IPC and Section 21(1) of Mines and Minerals (Development and Regulation) Act, 1957. Subsequently, the petitioner has approached the learned Principal Sessions Judge, Kanyakumari District at Nagercoil, by way of filing a petition in Crl.M.P.No.3563 of 2021 for release of the vehicle and the learned judge has allowed the petition filed by the petitioner by its order dated 19.08.2021, by imposing the 1st condition to the 1/3

effect that ''the petitioner should execute a bond for a sum of Rs.8,00,000/- (Rupees Eight lakhs only) with two solvent sureties (solvency certificate to be obtained from the concerned Tahsildar) each for a like sum to the satisfaction of the Judicial Magistrate No.III, Nagercoil''. Challenging the 1st condition imposed by the trial Court, the petitioner is before this Court with this criminal revision.

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 1st condition imposed by the learned Principal Sessions Judge, Kanyakumari District at Nagercoil is onerous. 5.In view of that, this Criminal Revision Case is allowed. The order of the learned Principal Sessions Judge, Kanyakumari District at Nagercoil, made in Crl.M.P.No.3563 of 2021, dated 19.08.2021 is modified in respect of the 1st condition alone and it 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, Kanyakumari District at Nagercoil will be restored. In respect of other conditions, the order of the learned Principal Sessions Judge, Kanyakumari District at Nagercoil, shall remain unaltered.

Sd/- Assistant Registrar (W) // True Copy // / /2021 Sub Assistant Registrar(CS) 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 Sessions Judge, Kanyakumari District at Nagercoil.

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2.The Inspector of Police, Suchindrum Police Station, Kanyakumari District.

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

Copy to The Section Officer, Accounts Section Madurai Bench of Madras High Court, Madurai 27.09.2021 PS(CO) KB(04.10.2021) 3P 5C 3/3