Madras High CourtCRL RC(MD)/1043/2024disposed of

Manthiramoorthy v. The State Of Tamilnadu

2024-10-28Honourable Mr Justice K.Murali Shankar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.10.2024

CORAM

THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR Manthiramoorthy ... Petitioner Vs.

The Inspector of Police, Meingnanapuram Police Station, Thoothukudi District.

Crime No.99 of 2024.

... Respondent PRAYER : Criminal Revision Petition filed under Section 438 r/w 442 BNSS, to call for the records relating to the impugned order passed in Crl.M.P.No.4792 of 2024 on the file of the Judicial Magistrate Court, Sathankulam dated 10.10.2024 with regard to imposing of condition No.I, ie., Rs.50,00,000/-with two sureties each and set aside the same and allow this criminal original petition.

For Petitioner : Mr.R.J.Karthick For Respondent : Mr.K.Sanjai Gandhi Government Advocate (Crl. Side) 1/4

ORDER

This criminal revision case has been filed to set aside the impugned order passed in Crl.M.P.No.4792 of 2024 on the file of the Judicial Magistrate Court, Sathankulam dated 10.10.2024 with regard to imposing of condition No.I, ie., Rs.50,00,000/-with two sureties each. 2.It is evident from the records that the petitioner filed a petition before the Judicial Magistrate Court, Sathankulam under Section 497 BNSS to release his vehicles bearing Reg.Nos.TN 09 DB 6589 and TN 09 DC 6589, which were seized in respect of the case in Cr.No.99 of 2024 under Sections 191(2), 191(3), 132, 296(b) BNS and Section 25(1A) of the Arms Act, that the same came to be allowed on certain conditions, in which, one of the conditions is that the petitioner should execute own bond for a sum of Rs.50,00,000/- with two sureties. 3.

The learned counsel appearing for the petitioner would submit that the condition imposed by the learned Magistrate is onerous one. 4.The learned Government Advocate(Crl.side) appearing for the respondent would submit that the value of the first vehicle is Rs.15,00,000/- and the value of the second vehicle is Rs.30,00,000/-.

5.Considering the above, the impugned condition appears to be onerous one. Hence, this Court is inclined to modify the condition No.I imposed in Crl.M.P.No.4792 of 2024 by the Judicial Magistrate Court, Sathankulam dated 10.10.2024. Accordingly, the petitioner shall execute a bond for a sum of Rs.5,00,000/- (Rupees Five Lakhs only), with two sureties for the vehicle bearing Reg.No.TN 09 DB 6589 and Rs.10,00,000/- (Rupees Ten Lakhs only), with two sureties for the vehicle bearing Reg.No.TN 09 DC 6589 for a likesum to the satisfaction of the Judicial Magistrate Court, Sathankulam. 6.With the above directions, this criminal revision case is disposed of.

28.10.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No gns Note : Issue order copy on 27.11.2024 To 1.The Judicial Magistrate Court, Sathankulam 2.The Inspector of Police, Meingnanapuram Police Station, Thoothukudi District.

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

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K.MURALI SHANKAR,J.

gns 28.10.2024 4/4