Madras High CourtCRL RC(MD)/892/2022allowed

M. Nallammal v. The Inspector Of Police

2022-09-16Honourable Mr Justice G.Ilangovan4 pages

Crl. R.C. (MD)No.892 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATE : 16.09.2022

CORAM

THE HONOURABLE MR. JUSTICE G.ILANGOVAN CRL. R.C.(MD)No.892 of 2022 M.Nallammal .. Petitioner - Vs - The State Represented by The Inspector of Police, Mayanur Police Station, Crime No.189 of 2022 .. Respondent PRAYER: Criminal Revision Case filed u/s 401 of the Code of Criminal Procedure, praying to set aside the order passed by the Principal District and Sessions Judge, Karur in Crl.M.P.No.1646 of 2022 dated 06.09.2022, whereby imposing a condition to deposit a sum of Rs.1,00,000/- for releasing the Tractor and Trailer and to set aside the same by ordering release of Tractor bearing Reg.No.TN-47-M-5424 and Trailer bearing Reg.No.TN-47-M-5423 of the petitioner.

For Petitioner : Mr.K.Suresh.

For Respondents : Mr.S.Manikandan Government Advocate (Crl.Side) 1/4

ORDER

This revision petition has been filed against the order passed by the Principal District and Sessions Judge, Karur in Crl.M.P.No.1646 of 2022 dated 06.09.2022.

2.The petitioner has filed a petition in Crl.M.P.No.1646 of 2022 seeking interim custody of the vehicle bearing TR.TN-47-M-5424 in Crime No.189 of 2022 registered for the offence punishable under the provisions of the Mines and Minerals Act.

3.While disposing of the said petition, the Principal District Judge thought it fit to impose a condition that the petitioner shall deposit a sum of Rs.1,00,000/- to the credit of Crime No.189 of 2020 of Mayanur Police Station.

4.The grievance of the petitioner is that she cannot mobilise such huge amount. She would further submit that she has also deposited Rs. 10,000/- while enlarging on bail to the credit of this Court in the aforesaid Crime No.189 of 2022.

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5. The learned Government Advocate (Crl.Side) would submit that the vehicle is of the year 2005 make.

6.Considering the fact that the vehicle is of the year 2005 make and also considering the grievance expressed by the petitioner, this Court is inclined to reduce the fine amount imposed by the trial Court to Rs.50,000/-. The other conditions imposed by the learned Magistrate will stand unaltered 7.In the result, this Criminal Revision Case is allowed and the petitioner is directed to deposit a sum of Rs.50,000/- to the credit of Crime No.189 of 2020 of Mayanur Police Station within a period of fifteen days from the date of receipt of a copy of this order. The other conditions imposed by the learned Magistrate remain unaltered. 16.09.2022 ta To 1.The Inspector of Police, Mayanur Police Station,

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

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G.ILANGOVAN, J.

ta CRL. R.C.(MD)No.892 of 2022 16.09.2022 4/4