Madras High CourtCRL OP(MD)/18866/2021ordered

Sajin Joseph v. The Inspector Of Police

2021-12-07Honourable Mr Justice G.Ilangovan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.12.2021

CORAM:

THE HON'BLE MR JUSTICE G.ILANGOVAN Crl.OP(MD)No.18866 of 2021 Sajin Joseph ... Petitioner/Petitioner vs.

State of Tamil Nadu represented The Inspector of Police, Kadayalumoodu Police Station, Represented by Public Prosecutor, Nagercoil, Kanyakumari District.

(Crime No.58 of 2021) ... Respondent/Respondent PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to modify the condition No.1 imposed in Crl.MPNo.4019 of 2021, dated 22.09.2021 on the file of the Principal District and Sessions Judge, Kanyakumari Division at Nagercoil. For Petitioner : Mr.Ramakrishna Dass NS For Respondent : Mr.M.Vaikkam Karunanithi Government Advocate (Crl.Side)

O R D E R

This petition is filed seeking modification of the condition No.1 imposed in Crl.MPNo.4019 of 2021, dated 22.09.2021, on the file of the Principal District and Sessions Judge, Kanyakumari Division at Nagercoil.

2.The petitioner is facing charges under Section 379 of IPC in Crime No.58 of 2021 on the file of the respondent police. The allegation against the petitioner is that without proper permit and license, alleged to have transported 1 unit of river sand. So, the learned Principal District Judge, Kanyakumari District, has imposed a condition that the petitioner should execute a bond for a sum of Rs.8 lakhs with two solvent sureties (Solvency certificate to be obtained from the concerned Tahsildar). Now, he is not in a position to arrange the sureties for such a larger amount and so, he seeks modification.

3.Considering the quantity of the sand that has been transported by the petitioner, the first condition is modified to the effect that the petitioner shall execute a bond for a sum of Rs.2 lakhs (Rupees Two Lakhs Only). The other conditions shall stand sustained.

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4.Accordingly, this Criminal Original Petition is allowed. Sd/- Assistant Registrar (P&A) // True Copy // / /2022 Sub Assistant Registrar(CS) dss To 1.The Principal District Judge, Kanyakumari District.

2.The Principal District and Sessions Judge, Kanyakumari Division at Nagercoil.

3.The Inspector of Police, Kadayalumoodu Police Station, Represented by Public Prosecutor, Nagercoil, Kanyakumari District.

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

Crl.OP(MD)No.18866 of 2021 07.12.2021 MGJ(31.12.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2