Madras High CourtCRL RC(MD)/957/2022disposed of

Mariappan v. The Sub Inspector Of Police

2022-09-29Honourable Mr Justice G.Ilangovan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.09.2022

CORAM

THE HONOURABLE MR. JUSTICE G.ILANGOVAN Mariappan .. Petitioner Vs.

State Represented by the Sub Inspector of Police, Srivilliputtur Town Police Station, Srivilliputtur, Virudhunagar District.

.. Respondent PRAYER: This Civil Revision Case is filed under Sections 397 r/w 401 of the Criminal Procedure Code, to call for the records relating to the Cr.M.P.No.1490 of 2022 in P.R.No.26 of 2022, dated 27.06.2022, on the file of the learned Principal District and Sessions Judge, Virudhunagar District at Srivilliputtur and set aside the same insofar as condition imposed in clause (i) and allow the Criminal Revision Petition as prayed for. For Petitioner : Mr.C.Susi Kumar For Respondent : Mr.S.S.Madhavan Government Advocate (Crl. Side)

ORDER

This Criminal Revision Case has been filed against the order that has been passed by the trial Court in Cr.M.P.No.1490 of 2022 in P.R.No.26 of 1/4

2022 dated 27.06.2022.

2.This Criminal Revision Case has been preferred on the ground that when he moved the anticipatory bail application in respect of this crime No. 59 of 2022, he has deposited a sum of Rs.20,000/-. Again Rs.75,000/- was imposed upon the petitioner as a condition for return of vehicle. 3.The learned Additional Public Prosecutor submitted that the petitioner is involved in previous cases of similar in nature. Noting the continuous habitual nature of the petitioner only, the above said condition was imposed. According to him, the vehicle involved is Tractor and Trailer. Hence, the amount is reasonable.

4.However considering the fact that the petitioner was also directed to deposit a sum of Rs.20,000/- in respect of the above said crime number, he should be again be directed to make another deposit. However, considering the antecedents of the petitioner, the condition No.(i), imposed on the petitioner by the trial Court is modified and directed to deposit Rs.50,000/- and further to file an affidavit before the concerned Court to the effect that he will not indulge in any such sort of activities in future. If any new case is 2/4

registered in future, the order that has been passed by this Court shall stand automatically cancelled and the vehicle must be repossessed by the respondent and further action may be initiated. 5.With the above directions, this Criminal Original Petition is disposed of.

29.09.2022 Index : Yes / No Internet : Yes / No TM To 1.The Principal District and Sessions Judge, Virudhunagar District at Srivilliputhur.

2.The Sub Inspector of Police, Srivilliputtur Town Police Station, Srivilliputtur, Virudhunagar District.

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

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G.ILANGOVAN,J.

TM 29.09.2022 4/4