Madras High Court
V.Juliet Prema Arputham vs State Rep. By on 13 April, 2022
Author: G.K.Ilanthiraiyan
Bench: G.K.Ilanthiraiyan
Crl.R.C(MD)No.371 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED :13.04.2022
CORAM
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN
Crl.R.C(MD)No.371 of 2022
and
Crl.M.P(MD)No.4763 of 2022
V.Juliet Prema Arputham ...Petitioner/Petitioner
Vs.
State rep. by
The Inspector of Police,
Kollidam Police Station,
Trichy.
(Cr.No.751 of 2020) ... Respondent/Respondent
Prayer : This Criminal Revision has been filed under Section 397 r/w
401 of Criminal Procedure Code, to call for the entire records relating to
the impugned order passed in Cr.M.P.No.157 of 2021 in Crime No.751
of 2020, dated 02.02.2021 on the file of the District Munsif Cum
Judicial Magistrate Court, Srirangam and set aside the same.
For Petitioner : Mr.G.R.Hari
For Respondent : Ms.M.Aasha
Government Advocate (Crl.side)
ORDER
This petition has been filed to set aside the condition No.1 imposed by the learned District Munsif Cum Judicial Magistrate Court, https://www.mhc.tn.gov.in/judis 1/4 Crl.R.C(MD)No.371 of 2022 Srirangam, in the order passed in Cr.M.P.No.157 of 2021 in Crime No. 751 of 2020, dated 02.02.2021.
2.The petitioner claims to be the owner of the Ashok Leyland Lorry bearing Registration No.TN-61-F-3242. The respondent police seized the vehicle and registered a case in Cr.No.751 of 2020. Subsequently, the petitioner has approached the learned District Munsif Cum Judicial Magistrate, Srirangam, by way of filing a petition in Cr.M.P.No.157 of 2021 for release of the vehicle and the learned Judge has allowed the petition filed by the petitioner by its order dated 02.02.2021, by imposing certain conditions. The first condition is that ''the petitioner has been executed a bond for himself with one another surety for a sum of Rs.14,00,000/- each''. Challenging the said condition imposed by the Court below, the petitioner is before this Court with this Criminal Revision.
3.Heard the learned counsel appearing on either side and perused the materials available on record. https://www.mhc.tn.gov.in/judis 2/4 Crl.R.C(MD)No.371 of 2022
4.It is seen that the petitioner is the owner of the vehicle and it never involved any other crime. Only on the complaint lodged by the petitioner alleging that her vehicle was missing, the respondent police registered the case in Cr.No.751 of 2020, thereafter the respondent police secured the vehicle and produced before the Court below. Admittedly the petitioner is the owner of the vehicle and there is no rival claim in respect of the vehicle.
5.Considering the above, this Criminal Revision Case is partly allowed. The condition No.1 in order of the learned District Munsif Cum Judicial Magistrate, Srirangam, made in Cr.M.P.No.157 of 2021, dated 02.02.2021 is alone deleted. In respect of other conditions, the order of the learned District Munsif Cum Judicial Magistrate, Srirangam, shall remain unaltered. Consequently, connected miscellaneous petition is closed.
13.04.2022
Index : Yes/No
Internet : Yes/No
vsd
https://www.mhc.tn.gov.in/judis 3/4 Crl.R.C(MD)No.371 of 2022 G.K.ILANTHIRAIYAN, J.
vsd To
1.The District Munsif Cum Judicial Magistrate, Srirangam.
2.The Inspector of Police, Kollidam Police Station, Trichy.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
Crl.R.C(MD)No.371 of 2022
and Crl.M.P(MD)No.4763 of 2022 13.04.2022 https://www.mhc.tn.gov.in/judis 4/4