Madras High CourtCRL OP(MD)/20096/2021allowed

V. Sivamaran v. The Inspector Of Police

2021-12-16Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P(MD)No.20096 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.12.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P(MD)No.20096 of 2021 V.Sivaraman ... Petitioner Vs State rep. by The Inspector of Police, Ammapettai Police Station, Tiruchirapalli.

... Respondent/Complainant PRAYER: Petition filed under Section 482 Code of Criminal Procedure, to modify the condition imposed in serial No.1 with regard to deposit for sum of Rs.1,00,000/- in Crl.M.P.No.4580 of 2021 on the file of the District Sessions Judge, Thanjavur dated 12.11.2021.

For Petitioner : Mr.B.Vetrivel For Respondent : Mr.M.Sakthi Kumar Government Advocate(Crl.side)

ORDER

Heard the learned counsel for the petitioner and the learned Government Advocate for the respondent.

2. The petition mentioned vehicle was seized in connection with Crime No.804 of 2021 registered on the file of the respondent for the offences under Sections 379 of IPC and Section 21(1) of Mines and Minerals (Development and Regulation) Act, 1957.

3. The petitioner is an accused in the said case. He applied for return of the vehicle. The Court below allowed the said petition on condition that the petitioner should pay a sum of Rs.1,00,000/- as non refundable payment for a good cause. Aggrieved by the said condition, this Criminal Original Petition has been filed.

4. When the matter was taken up for hearing, the learned counsel for the petitioner submitted that he would be satisfied, if the deposit amount of Rs.1,00,000/- is reduced to Rs.50,000/-. The vehicle was seized on 20.07.2021. Almost four months have elapsed. The petitioner would have obviously suffered a business loss during this period. Therefore, in the interest of justice, the condition to pay a sum of Rs.1,00,000/- to the Government Hospital, Kumbakonam is modified and reduced to Rs.50,000/-. https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P(MD)No.20096 of 2021

5. Except this modification in all other respects, the impugned order is confirmed. This Criminal Original Petition is allowed on these terms.

Sd/- Assistant Registrar (CO) // True Copy // / /2021 Sub Assistant Registrar(CS) rmi 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 District Sessions Judge, Thanjavur.

2. The Inspector of Police, Ammapettai Police Station, Tiruchirapalli.

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

Copy to :

The Officer-Incharge, Government Hospital, Kumbakonam.

Crl.O.P(MD)No.20096 of 2021 16.12.2021 USK (20.12.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2