Madras High Court
S.Singadurai .. Revision vs State Represented By on 18 February, 2015
Author: M.Sathyanarayanan
Bench: M.Sathyanarayanan
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.02.2015 CORAM THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN Crl.R.C.(MD)NO.66 of 2015 S.Singadurai .. Revision Petitioner Vs. State represented by the Sub Inspector of Police Eraniel Police Station Kanyakumari District .. Respondent Prayer: Criminal Revision Petition filed under Section 397 r/w 401 Cr.P.C., to call for the records relating to the order passed in C.M.P.No.12512 of 2014 dated 07.01.2015 on the file of the Principal District Munsif cum Judicial Magistrate, Eraniel and set aside the same insofar as the condition No.1. !For Petitioner :: Mr.V.Sasikumar ^For Respondent :: Mr.P.Kandasamy Govt. Advocate (Crl. side) :ORDER
By consent, the revision itself is taken up for final disposal.
2. The petitioner claims to be the owner of Ashok Leyland open body lorry bearing Registration No.TN 76 S 9909, bearing Chasis No.CRHZ116941 and the said vehicle was seized in connection with registration of the case in Crime No.814/2014 registered by the respondent on 03.12.2014 for the alleged commission of the offence under II(a)(b)(k) Transport of Animal and Cruel Act 1978 and Sections 47(a), 54(2), 96 of Prevention of Cruelty Act, 1960.
3. A perusal of the FIR would disclose that the above said lorry owned by the petitioner was used to transport 32 cattles and put them into hardship and cruelty was also exhibited. The petitioner filed Crl.M.P.No.12512 of 2014 under Section 451 Cr.P.C. praying for the return of the vehicle and it was ordered on 07.01.2015 subject to the condition that the petitioner shall execute a personal bond for a sum of Rs.17 lakhs with two sureties for a like sum; surrender the original of Registration Certificate; shall produce three dimension photographs and a copy of Compact Disc; shall not alienate the vehicle and shall produce the vehicle before the jurisdictional Magistrate as and when required. The petitioner aggrieved by the condition No.1 of the above said order, has filed this revision petition.
4. The learned counsel for the petitioner would submit that the vehicle was manufactured in the year 2012 and it will not be worth 17 lakhs and in any event condition No.1 is very onerous, incapable of performance and prays for modification of the order and he would further submit that as and when the vehicle is released, he will not use it for any unlawful or illegal purpose.
5. The learned Government Advocate (Crl. Side) would submit that the petitioner treated the animals in a cruel manner by loading them into a lorry and the lower Court taking into consideration of factual aspect has rightly imposed the condition.
6. This Court considered the rival submissions and also perused the typed set of documents and in the considered opinion of the Court, imposition of condition No.1 by directing the petitioner to execute personal bond of Rs.17 lakhs along with two sureties each for Rs.17 lakhs is on the higher side and therefore, the said condition alone requires modification and that apart in addition to the condition already imposed by the lower Court, one more condition is also to be added on the basis of the undertaking given by the petitioner that he will not use the vehicle for any unlawful or illegal purpose.
7. In the result, the Criminal Revision is disposed of and the condition No.1 is modified and the petitioner shall execute a personal bond for Rs.15 lakhs with one surety for the like sum to the satisfaction of the learned Principal District Munsif cum Judicial Magistrate, Eraniel and in addition to that he shall also file an affidavit of undertaking before the said Court that he will not use the vehicle for any unlawful or illegal purpose. Remaining conditions imposed by the trial Court vide impugned order would stand and as and when the petitioner complies with the conditions, the vehicle in question shall be released.
18.02.2015 Index :Yes/No Internet:Yes RR To
1.The Principal District Munsif cum Judicial Magistrate, Eraniel
2.The Sub Inspector of Police Eraniel Police Station Kanyakumari District
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
M.SATHYANARAYANAN,J.
RR Crl.R.C.(MD)NO.66 of 2015 18.02.2015