Subramaniyan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.12.2022

CORAM:

THE HON'BLE MR.JUSTICE G.ILANGOVAN Subramaniyan ... Petitioner Vs The Inspector of Police, Thirumayam Police Station, Pudukottai District. (Crime No.248/2022).

Prayer: This Criminal Revision Case filed under Section 397 r/w 401 Cr.P.C., to call for records and set aside and modify the first condition alone in the order passed in Crl.M.P. No. 3890 of 2022, dated. 08.11.2022, by the Principal District and Sessions Judge, Pudukottai.

For Petitioner : Mr.Sivabalan K For Respondent : Mr.S.Manikandan Government Advocate (Crl.Side) 1/5

O R D E R

Challenging the first condition imposed on the revision petitioner in the order, dated 08.11.2022, in Crl.M.P.No.3890 of 2022, passed by the Principal District and Sessions Judge, Pudukottai, this Criminal Revision Case has been preferred.

2.The revision petitioner claims to be the owner of a vehicle, ie., 407 bearing Registration No.TN 57 S 4140. The respondent Police has registered a case in Crime No.212 of 2022, for the offence under Sections 379 IPC r/w 21(1) of Mines and Minerals (Development and Regulation) Act. Subsequently, the petitioner has approached the Principal District and Sessions Judge, Pudukottai, by way of filing a petition in Crl.M.P.No.3890 of 2022, for release of the vehicle and the same was allowed, by order dated 08.11.2022, thereby, imposing one of the condition to the effect that the petitioner is directed to deposit a sum of Rs.40,000/- in the name of District Collector, Pudukottai District in Indian Overseas Bank, Pudukottai Branch Code No.0072, Bank A/c.No.007201000064822, IFSC Code IOBA0000072, MICR:622020002, which will be a non-refundable payment. Challenging the said condition imposed by the trial Court, the petitioner is before this Court, with this criminal revision.

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3.Heard the learned counsel appearing on either side and perused the materials available on record.

4.The only grievance of the petitioner is that the conditions imposed by the Court below are onerous and the vehicle is a old one and also the petitioner is not having any bad antecedent to his credit. 5.In view of that, this Criminal Revision Case is partly allowed. Accordingly, the first condition imposed in Crl.M.P.No.3890 of 2022, dated 08.11.2022, is modified, to the effect that the petitioner is directed to deposit a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) to the credit of Crime No.248 of 2022 on the file of respondent, before the concerned Court. In respect of other conditions, the order of the Principal District and Sessions Judge, Pudukottai, shall remain unaltered.

01.12.2022 Index :Yes/No Internet:Yes/No PNM 3/5

To

1. The Principal District and Sessions Judge, Pudukottai 2.The Inspector of Police, Thirumayam Police Station, Pudukottai District. (Crime No.248/2022).

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

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G.ILANGOVAN , J.

PNM ORDER IN 01.12.2022 5/5