Madras High Court
J.Purushotaman vs State By on 24 August, 2022
Crl.R.C.(MD) No.801 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 24.08.2022
CORAM:
THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR
Crl.R.C.(MD)No.801 of 2022
J.Purushotaman ... Petitioner/Vehicle owner
Vs.
State by
The Inspector of Police,
Kollidam Police Station,
Trichy District.
(Crime No.408 of 2021) ...Respondent/Complainant
Prayer : This Criminal Revision has been filed under Section 397 r/w 401 of
Criminal Procedure Code, to modify the condition passed by the District Munsif-
cum-Judicial Magistrate Court, Srirangam in Crl.M.P.No.67 of 2022 dated
14.03.2022 directing the petitioner (i) that the petitioner shall appear before this
Court and execute a bond of Rs.9,00,000/- (Rupees Nine Lakhs only) with two
sureties for a like sum with solvency certificate obtained from the revenue official
and (ii) the petitioner shall produce the vehicle every month first working day
before this Court till the completion of trial.
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https://www.mhc.tn.gov.in/judis
Crl.R.C.(MD) No.801 of 2022
For Petitioner : Mr.M.Jaikumar
For Respondent : Mr.S.Manikandan,
Government Advocate (Crl. side)
ORDER
This Criminal Revision Petition is directed against the condition Nos.(i) and (ii) imposed by the learned District Munsif-cum-Judicial Magistrate, Srirangam, in Crl.M.P.No.67 of 2022 dated 14.03.2022.
2. The petitioner claims to be the owner of Maruthi Swift Dizire Car bearing Registration No.TN-07-CD-7714. The respondent police seized the said vehicle and registered a case in Crime No.408 of 2021 for the offences under Sections 147, 148, 188, 294(b), 341, 353, 506(2) and 269 IPC r/w Section 3 of EPIDAMIC Act.
3. It is not in dispute that the petitioner has approached the learned District Munsif-cum-Judicial Magistrate Court, Srirangam, for returning of the said vehicle in Crl.M.P.No.67 of 2022 and the learned District Munsif-cum-Judicial 2/6 https://www.mhc.tn.gov.in/judis Crl.R.C.(MD) No.801 of 2022 Magistrate, vide order dated 14.03.2022, has allowed the petition with certain conditions that the petitioner to execute a bond for Rs.9,00,000/- with two sureties for a like sum and the petitioner has to produce the vehicle every month 1st working day before the concerned Court at 10.30 a.m., till the completion of trial. Challenging the above said conditions, the above Criminal Revision came to be filed before this Court.
4. Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Criminal Side) appearing for the respondent.
5. The learned Government Advocate (Criminal Side) would submit that the petitioner is not having any previous case and that the said vehicle was not involved in any other previous cases.
6. The learned counsel for the petitioner would submit that the vehicle bearing Registration No. TN-07-CD-7714 is owned by the petitioner, that if the vehicle is kept in open place, the value of the said vehicle will get deteriorated and that therefore interim custody may be granted to the petitioner. 3/6 https://www.mhc.tn.gov.in/judis Crl.R.C.(MD) No.801 of 2022
7. The main grievance of the petitioner is that the condition imposed by the learned District Munsif-cum-Judicial Magistrate, in directing the petitioner to execute a bond for a sum of Rs.9,00,000/- with two sureties is onerous and that the value of the vehicle will be deteriorated due to the exposure to sun and rain.
8. Considering the above facts and circumstances of the case and also the fact that the petitioner's vehicle was not involved in any other case and also taking note of the submission made by the learned counsel for the petitioner that the condition No.(i) imposed by the learned District Munsif-cum-Judicial Magistrate is onerous, this Court is inclined to modify the condition.
9. In the result, this Criminal Revision Petition is partly allowed. The order of the learned District Munsif-cum-Judicial Magistrate, Srirangam, made in Crl.M.P.No.67 of 2022, dated 14.03.2022 is modified in respect of the condition No.(i) alone and it is modified to the effect that the petitioner shall appear before the concerned Court and execute a bond for Rs.2,00,000/- (Rupees Two Lakhs only) with two sureties for a like sum with solvency certificate obtained from the 4/6 https://www.mhc.tn.gov.in/judis Crl.R.C.(MD) No.801 of 2022 revenue official. In respect of other conditions, the order of the learned District Munsif-cum-Judicial Magistrate, Srirangam, shall remain unaltered.
24.08.2022
Index : Yes/No
Internet : Yes/No
csm
To:-
1.The District Munsif-cum-Judicial Magistrate Court, Srirangam.
2.The Inspector of Police, Kollidam Police Station, Trichy District.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
5/6 https://www.mhc.tn.gov.in/judis Crl.R.C.(MD) No.801 of 2022 K.MURALI SHANKAR, J.
csm ORDER MADE IN Crl.R.C.(MD)No.801 of 2022 24.08.2022 6/6 https://www.mhc.tn.gov.in/judis