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Madras High CourtCRL RC(MD)/923/2023partly allowed

Sathyamoorthy v. The Inspector Of Police

2023-10-11Honourable Mr Justice K.K. Ramakrishnan9 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Reserved On 30.08.2023 Pronounced On 11.10.2023

CORAM

THE HONOURABLE MR.JUSTICE K.K.RAMAKRISHNAN Crl.RC(MD).No.923 of 2023 Sathyamoorthy .. Petitioner Vs.

The State rep.by The Inspector of Police, Vellanur Police Station, Pudukkottai District.

(Crime No.103 of 2023) .. Respondent PRAYER:Criminal Revision Case filed under Section 397 r/w 401 of Criminal Procedure Code, to call for the records in pertaining to the order passed by the learned Principal District and Sessions Judge, Pudukottai, dated 26.07.2023 made in Crl.M.P.No.2355 of 2023 and modify the first condition as the petitioner shall deposit a sum of Rs.1,00,000/- (Rupees one Lakh only) in the name of the District Collector, Pudukkottai District.

For Petitioner : Mr.B.Jameelarasu For Respondent : Mr.T.Senthil Kumar Additional Public Prosecutor

ORDER

This Criminal Revision Case has been filed against the condition No.1 imposed on the petitioner in Crl.M.P.No.2355 of 2023 dated 26.07.2023, by the learned Principal District and Sessions Judge, Pudukkottai.

2. The petitioner is the owner of the Tipper Lorry bearing registration No.TN-45-AF-3308. According to the petitioner, the petitioner's vehicle is said to have been involved for the offence under Sections 379 of IPC and r/w Section 21(1) of Mines and Minerals (Development and Regulations) Act.

3. Pending investigation, the petitioner has filed Crl.M.P.No.2355 of 2023, on the file of the learned Principal District and Sessions Judge, Pudukkottai, under Section 451 of Criminal Procedure Code 1973, to return

the vehicle for interim custody.

4. The learned Principal District and Sessions Judge, Pudukkottai, allowed the petition filed by the petitioner with the following conditions: (i)The petitioner shall deposit a sum of Rs.

1,00,000/- (Rupees One Lakh Only) in the name of the District Collector, Pudukkottai District, Indian Overseas Bank, Pudukkottai Branch Code.No.0072, Bank A/c.No.007201000064822. IFSC Code IOBA0000072. MICR:622020002. It will be a nonrefundable payment. If any difficulties while transaction counsel shall approach the District Legal Services, Pudukkottai.

2.The petitioner shall execute an own bond for a sum of Rs.20,000/- with two sureties for a like sum each to the satisfaction of the concerned Magistrate.

3. The petitioner is directed to produce the original R.C.book before the concerned Magistrate. 4.He shall produce the vehicle before the concerned Magistrate on every first working day of that month at 10.30 a.m., and as and when required without fail until further orders.

5.The petitioner shall not alter, alienate or sell the vehicle till disposal of the proceedings until further orders.

Challenging the first condition imposed on the petitioner in Crl.M.P.No. 2355 of 2023, by the learned Principal District and Sessions Judge, Pudukkottai, the petitioner filed this Criminal Revision Case.

5. The learned counsel for the petitioner submitted that the condition imposed on the petitioner to deposit a sum of Rs.1,00,000/- is onerous and he is ready and willing to deposit a sum of Rs.25,000/-. He would further submit that the petitioner also undertakes to execute bond to the value of Rs.1,00,000/-. Hence, he seeks to allow this case.

6. The learned Additional Public Prosecutor submitted that for the eight years, totally 63,542 vehicles are involved in the illegal mining and transportation of the minerals. Due to the incompetency of the investigating agency, the confiscation proceedings has not be initiated. Since, the Hon'ble Full Bench, held that the investigating agency has also power to initiate complaint under Section 21 of the MMDR Act, now the investigating agency is taking steps to file the confiscation petition. Even in the case of Sunderbhai Ambalal Desai Vs. State of Gujarat reported in 2003 (1) CTC

175, the Hon'ble Supreme Court has held that while granting relief of interim custody, reasonable conditions to be imposed. Therefore, the Court below has imposed a reasonable conditions and hence, he seeks for dismissal of this Criminal Revision Case.

7. This Court considered arguments of the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor for the respondent and perused the materials available on record. 8.Since confiscation proceeding has not been initiated in this case, the order of the learned trial Judge, to release the vehicle, is in accordance with law.

9. According to the petitioner, the value of the vehicle is not more than a sum of Rs.1,00,000/-. Therefore, the condition imposed on the petitioner to deposit a sum of Rs.1,00,000/- is onerous. Further, he is ready to deposit a sum of Rs.25,000/- and he undertakes to execute a bond to the value of Rs.1,00,000/-. Hence, the submission of the learned counsel for the

petitioner is bona fide one and deserved to be accepted. 10.Accordingly this criminal revision case is partly allowed with the following directions:

(i) Condition No.1, imposed on the petitioner is modified and the petitioner shall execute a bond for a sum of Rs.1,00,000/-(Rupees One Lakh Only) within a period of two weeks from the date of receipt of a copy of this order, to the satisfaction of the Judicial Magistrate No-II, Pudukkottai. (ii) The petitioner shall deposit a sum of Rs.25,000/- to the credit of the crime No.103 of 2023, within a period of two weeks from the date of receipt of a copy of this order and on such deposit, the Court below shall redeposit the same in any one of the nationalized bank in the interest bearing account.

(iii) Condition No.IV, ie., the petitioner shall produce the vehicle before the concerned Magistrate, on every first working day of the month at 10.30 a.m, until further orders is hereby set aside. (iv) The remaining conditions imposed by the trial Court, shall remain unaltered.

(v) The petitioner sahll deposit a sum of Rs.5,000/-(non refundable) within a period of two weeks from the date of receipt of a copy of this order, to the account to be opened by the Registrar Judicial, Madurai Bench of Madras High Court, Madurai, in the Indian Bank, High Court Branch, Madurai, as indicated in the Hon'ble Division Bench in W.P. (MD).No.236836 of 2023.

(vi) The investigating officer, is directed to initiate the confiscation proceedings before the learned Principal District and Sessions Judge, Pudukkottai, within a period of thirty days from the date of receipt of a copy of this order.

(vii) The learned Principal Judge upon receiving such application, shall number the petition as a criminal miscellaneous petition and dispose the same as expeditiously as possible, preferably within a period of six months from the date of the presentation of the petition.

11. List this case on 15.11.2023, for "reporting compliance". 11.10.2023 NCC :Yes/No Index :Yes/No Internet :Yes/No sbn Note: Issue order copy on 16.10.2023

To 1.The Inspector of Police, Vellanur Police Station, Pudukkottai District.

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

3.The Registrar Judicial, Madurai Bench of Madras High Court, Madurai.

K.K.RAMAKRISHNAN, J.

sbn 11.10.2023