Madras High CourtCRL RC(MD)/992/2022allowed

C.Saraswathi v. The Inspector Of Police

2022-10-17Honourable Mr Justice G.Ilangovan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.10.2022

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.R.C(MD)No.992 of 2022 C.Saraswathi ... Revision Petitioner Vs.

The State rep by its, Inspector of Police, District Crime Branch, Dindigul District.

... Respondent Prayer : This Criminal Revision has been filed under Section 397 and 401 of Criminal Procedure Code, to call for records and set aside the condition No.1, order passed by the learned Judicial Magistrate Court No.II, Dindigul in Crl.M.P.No.10931 of 2022 dated 03.08.2022.

For Petitioner : Mr.S.Sankar For Respondent : Mr.S.Manikandan Government Advocate(Crl.side) 1/4

O R D E R

This Criminal Revision Petition is filed against the conditions imposed by the learned Judicial Magistrate Court No.II, Dindigul in Crl.M.P.No.10931 of 2022 dated 03.08.2022, and modify the onerous condition No.1. 2.The learned Magistrate, while granting order of return of vehicle, imposed the conditions upon the petitioner. One of the condition (11(1) is that 'the petitioner shall execute a bond for a sum of Rs.7,00,000/- along with two sureties each for a like sum to the satisfaction of the concerned Court. 3.The grievance of the learned counsel for the petitioner is that the petitioner has not involved in the above said commission of offence. In the above said case, vehicle was used by the concerned accused person. Since the petitioner is the third party, the above said condition is onerous in nature. 4.Whether the vehicle is involved in the above said offence is a matter for investigation or trial. On that ground, the order of execution a bond for a sum of 2/4

Rs.7,00,000/- along with two sureties each for a like sum to the satisfaction of the concerned Court is modified to the effect that the petitioner shall execute a bond for a sum of Rs.2,00,000/- along with two sureties each for a like sum to the satisfaction of the concerned Court. The other conditions shall remain unaltered.

5.Accordingly, this Criminal Revision Case is allowed. 17.10.2022 Index : Yes/No Internet : Yes/No tta To:- Judicial Magistrate Court No.II, Dindigul 3/4

G.ILANGOVAN,J tta ORDER MADE IN Crl.R.C.(MD)No.992 of 2022 17.10.2022 4/4