Madras High Court
G.Jothi Prakash vs State Through The Inspector Of Police on 22 September, 2020
Author: R.Tharani
Bench: R. Tharani
Crl. R.C.(MD)No.521 of 2020
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Date : 22.09.2020
CORAM
THE HONOURABLE MRS. JUSTICE R. THARANI
Crl. R.C.(MD)No.521 of 2020
G.Jothi Prakash .. Petitioner
Vs.
State through the Inspector of Police,
K.Paramathi Police Station,
Karur.
In Crime No.16 of 2020 .. Respondent
Prayer : This criminal revision case is filed under Sections 397 and 401 of Cr.P.C.,
to call for the records and to set aside the order passed by the District and Sessions
Court (Special Judge for Mines and Minerals Act), Karur in Crl.M.P.No.955 of 2020
in Crime No.16 of 2020 dated 28.07.2020 in so far as condition no.1 is concerned.
For Petitioner : Mr.R.Rajamohan
For Respondent : Mrs.Anandha Devi
Government Advocate (Crl. Side)
ORDER
This Criminal Revision Case has been filed to set aside the order in Crl.M.P.No.955 of 2020 in Crime No.16 of 2020 dated 28.07.2020, on the file of the District and Sessions Court (Special Judge for Mines and Minerals Act) Karur. 1/4 http://www.judis.nic.in Crl. R.C.(MD)No.521 of 2020
2.The petitioner claims to be the owner of the Multi Axle Goods vehicle bearing Registration No.TN-27-Z-2943. On 28.01.2020, the respondent police intercepted the vehicle of the petitioner and seized the same on the allegation that it was used for carrying illegal river sand without any valid permit and registered a case in Crime No.16 of 2020 under Section 379 of IPC and Section 2(1) of Mines and Minerals (Development & Regulation) Act, 1957. Subsequently, the petitioner has approached the learned Sessions Judge, Karur, by filing a petition for release of the vehicle and the learned Judge allowed the petition filed by the petitioner in Crl.M.P.No.955 of 2020 dated 28.07.2020, by imposing the first condition to the effect that the petitioner shall deposit a sum of Rs.1,50,000/- (Rupees One Lakh Fifty Thousand only) to the credit of Crime No.16 of 2020 of K.Paramathi Police Station. Challenging the said condition, the petitioner is before this Court with this Criminal Revision Case.
3.On the side of the petitioner, it is stated that the lorry was manufactured in the year 1991 and a very old lorry and the condition to deposit a sum of Rs. 1,50,000/- (Rupees One Lakh Fifty Thousand only) is onerous and due to COVID – 19 pandemic situation, the petitioner was not able to mobilise the fund for return of the vehicle and prayed the condition no.1 to be modified. 2/4 http://www.judis.nic.in Crl. R.C.(MD)No.521 of 2020
4.On the side of the prosecution, it is stated that if the vehicle is returned, there is possibility of the vehicle being used for commission of the same offence again.
5.In view of the above submissions, this Criminal Revision Case is allowed. The order of the learned Sessions Judge, Karur, made in Crl.M.P.No.955 of 2020 dated 28.07.2020 is modified with regard to the condition no.1 alone and it is modified to the effect that “the petitioner is directed to surrender the original R.C. Book and also to deposit a sum of Rs.50,000/- (Rupees Fifty Thousand only) before the Sessions Court, Karur in Crime No.16 of 2020 of K.Paramathi Police Station and compliance of the condition, the above vehicle which was remanded in R.P.No.20 of 2020 of District Munsif cum Judicial Magistrate, Aravakurichi shall be returned to the petitioner on interim custody”. In respect of other conditions, the order of the learned Sessions Judge shall remain unaltered.
22.09.2020
Index : Yes/No
Internet : Yes/No
Mrn
NOTE: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned. 3/4 http://www.judis.nic.in Crl. R.C.(MD)No.521 of 2020 R.THARANI, J.
Mrn To
1.The Sessions Judge, Karur.
2.The Inspector of Police, K.Paramathi Police Station, Karur.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
Crl. R.C.(MD)No.521 of 2020
22.09.2020 4/4 http://www.judis.nic.in