Rajagopal v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.12.2022

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.R.C(MD)No.1097 of 2022 Rajagopal ... Revision Petitioner Vs.

1.The State Rep by its Inspector of Police, Uvari Police Station, Tirunelveli District.

2.The Branch Manager, Federal Bank, 474, Gandhiji Main Road, Thisaiyanvillai-627 657 ... Respondents Prayer : This Criminal Revision has been filed under Sections 397 and 401 of Criminal Procedure Code, to modify the condition Nos.2 and 3 imposed by an order dated 31.10.2022 made in Cr.M.P.No.8673 of 2022 on the file of the learned Principal Sessions Judge, Tirunelveli and allow the above Criminal Revision Petition.

1/6

For Petitioner : Mr.A.M.Esakkiappan For Respondents : Mr.R.Suresh Kumar Government Advocate(Crl.side)

O R D E R

This Criminal Revision Petition is filed to modify the condition Nos.2 and 3 imposed by an order dated 31.10.2022 made in Cr.M.P.No.8673 of 2022 on the file of the Principal Sessions Judge, Tirunelveli and allow the above Criminal Revision Petition.

2. The grievances of the petitioner is that the vehicle has been hypothecated to the Federal Bank, Tisaiyanvillai Branch, Tirunelveli District.

3. For the purpose of providing the above said details, the matter is listed today.

4. Today, when the matter is taken up for hearing, the learned counsel for the petitioner has produced the statement of the accounts, wherein it is made clear that the vehicle has been hypothecated to the Federal Bank, Tisaiyanvillai Branch, Tirunelveli District. Because of the above said position, the petitioner is unable to 2/6

comply with the conditions imposed by the learned Principal Sessions Judge, Tirunelveli in Cr.M.P.No.8673 of 2022 dated 31.10.2022.

5. The another grievances of the petitioner is that condition imposed upon him to deposit a sum of Rs.50,000/-(Rupees Fifty Thousand only)/- to the credit of Crime No.86 of 2022 before the learned Principal Sessions Judge, Tirunelveli is onerous in nature, since several vehicles have been remanded from the spot on the date of occurrence. He has also brought to the notice of this Court that the petitioner along with other accused filed anticipatory bail petition before this Court in Crl.O.P.(MD).No.12015 of 2022. While granting anticipatory bail, this Court issued a direction to the petitioner to deposit a sum of Rs.30,000/-(Rupees Thirty Thousand only) to the Crime No.86 of 2022 and the same was duly complied with.

6.Considering the above facts and circumstances of the case and also considering the documents filed by the petitioner, this Court modified the third condition to the effect that the petitioner shall file an affidavit before the concerned Court stating that the vehicle has already been hypothecated to the 3/6

Bank by enclosing the relevant documents. Since the petitioner has already deposited a sum of Rs. 30,000/-(Rupees Thirty Thousand only) to the credit of the Crime No.86 of 2022, at the time of granting anticipatory bail by this Court, therefore, the condition No.2 that the petitioner shall deposit a sum of Rs.50,000/- (Rupees Fifty Thousand only) to the credit of Crime No.86 of 2022 is set aside. Other condition shall stand.

In the result, the Criminal Revision Case is partly allowed. 09.12.2022 Index : Yes/No Internet : Yes/No tta To:- 1.Principal Sessions Judge, Tirunelveli

2. Inspector of Police, Uvari Police Station, Tirunelveli District.

3.The Branch Manager, Federal Bank, 4/6

474, Gandhiji Main Road, Thisaiyanvillai-627 657 G.ILANGOVAN,J tta ORDER MADE IN Crl.R.C.(MD)No.1097 of 2022 5/6

09.12.2022 6/6