Madras High CourtCRL RC(MD)/820/2021partly allowed

Muruganantham v. The Inspector Of Police

2021-11-15Honourable Mrs Justice R. Tharani2 pages

Crl.R.C.(MD)No.820 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.11.2021

CORAM:

THE HONOURABLE MRS.JUSTICE R.THARANI Crl.R.C.(MD)No.820 of 2021 Muruganatham ... Petitioner/Petitioner vs.

State represented by The Inspector of Police, Thirupanandal Police Station, Thanjavur District.

(Crime No.836 of 2021) ... Respondent/Respondent PRAYER : Criminal Revision Petition is filed under Section 397 r/w 401 of the Code of Criminal Procedure, to call for the records pertaining to order passed in Crl.M.P.No.4988 of 2021, dated 09.11.2021, on the file of the learned Principal Sessions Judge, Thanjavur, and set aside the same by modifying the condition. For Petitioner : Mr.K.M.Karunakaran For Respondent : Mr.K.Sanjay Gandhi Government Advocate

O R D E R

This Criminal Revision has been filed to modify the condition in the order passed in Crl.M.P.No.4988 of 2021, dated 09.11.2021 on the file of the Principal Sessions Judge, Thanjavur.

2. The case against the petitioner is that the petitioner and another person committed theft of river sand in a Bolero Maxi Truck. A case was registered in Crime No.836 of 2021. The petitioner filed bail petition in Crl.M.P.No.4703 of 2021 before the Principal Sessions Judge, Thanjavur, and the same was granted on certain conditions. Against the said order, the petitioner has filed a petition in Crl.M.P.No.4988 of 2021 for relaxation of condition No.1 and the same was dismissed by the Sessions Court. Against the same, the petitioner has preferred this Revision.

3. On the side of the petitioner, it is stated that the petitioner is only a coolie worker, he could not mobilise the fund and he is in custody for the past 44 days and prayed the first condition to be set aside.

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Crl.R.C.(MD)No.820 of 2021

4. On the side of the prosecution, it is stated that the petitioner is having a previous case similar in nature and the condition imposed by the trial Court is reasonable one.

5. Considering the nature of the offence and considering the period of incarceration, the condition No.1 is modified and the petitioner is directed to deposit Rs.15,000/- (Rupees Fifteen Thousand Only). In respect of other conditions, the order of the Sessions Court shall remain unaltered.

6. This Criminal Revision Case is partly allowed. Sd/- Assistant Registrar (CS III) // True Copy // / /2021 Sub Assistant Registrar(CS) csm/mga 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, Thanjavur.

2.The Inspector of Police, Thirupanandal Police Station, Thanjavur District.

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

+1 CC to M/s.K.M.. KARUNAKARAN, Advocate ( SR-34495[F] dated 15/11/2021 ) Crl.R.C.(MD)No.820 of 2021 15.11.2021 MGJ/PM(22.11.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2