Madras High Court
Indramoorthy vs The State Represented By on 28 September, 2021
Author: R.Pongiappan
Bench: R.Pongiappan
Crl.R.C.(MD) No.692 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 28.09.2021
CORAM:
THE HONOURABLE MR.JUSTICE R.PONGIAPPAN
Crl.R.C.(MD)No.692 of 2021
Indramoorthy ... Petitioner
Vs.
The State Represented by
The Inspector of Police,
K.Paramathi Police Station,
Karur District.
(in Crime No.453 of 2020) ...Respondent
Prayer : This Criminal Revision has been filed under Section 397 r/w 401 of
Criminal Procedure Code, to set aside the order made in Crl.M.P.No.755 of 2021
on the file of the learned Sessions Judge, Karur, dated 20.07.2021 in respect of
condition No.1, consequently delete the condition No.1 to deposit the sum of
Rs.1,00,000/-.
For Petitioner : Mr.S.Gokulraj
For Respondent : Mr.E.Antony Sahaya Prabahar
Additional Public Prosecutor
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Crl.R.C.(MD) No.692 of 2021
ORDER
This petition has been filed to set aside the condition No.1 imposed by the learned Sessions Judge, Karur, in the order passed in Cr.M.P.No.755 of 2021, dated 20.07.2021.
2.The petitioner claims to be the owner of the Tipper Lorry bearing Registration No.TN-27-J-5594. The respondent police intercepted the vehicle of the petitioner and seized the same on the ground that it was used for carrying illegal river sand, without any valid permit and registered a case in Crime No. 453 of 2020. Subsequently, the petitioner has approached the learned Sessions Judge, Karur, by way of filing a petition in Cr.M.P.No.755 of 2021 for release of the vehicle and the learned Sessions Judge has allowed the petition filed by the petitioner by its order dated 20.07.2021, by imposing 1st condition to the effect that the petitioner was directed to surrender the original R.C.Book and also to deposit a sum of Rs.1,00,000/- before the Court in Crime No.453 of 2020 of K.Paramathi Police Station and compliance of the condition, the above vehicle which was remanded in R.P.05/2021 of District Munsif-cum-Judicial Magistrate, 2/6 https://www.mhc.tn.gov.in/judis/ Crl.R.C.(MD) No.692 of 2021 Aravakurichi, shall be returned to the petitioner on interim custody. 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.
4.The only grievance of the petitioner is that 1st condition imposed by the learned Sessions Judge, Karur, is onerous.
5.Considering the grievance addressed by the learned counsel appearing on behalf of the petitioner with the relevant records, it would appear that the petitioner is a first offender. Further, the case is under investigation. Hence, in view of that, this Criminal Revision Case is partly allowed. The order of the learned Sessions Judge, Karur, made in Cr.M.P.No.755 of 2021, dated 20.07.2021 is modified in respect of 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 3/6 https://www.mhc.tn.gov.in/judis/ Crl.R.C.(MD) No.692 of 2021 deposit a sum of Rs.60,000/- before the Court below in Crime No.453 of 2020 of K.Paramathi Police Station and compliance of the condition, the above vehicle which was remanded in R.P.05/2021 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, Karur, shall remain unaltered.
28.09.2021
Index : Yes/No
Internet : Yes/No
cp
To:-
1.The Sessions Judge,
Karur.
2.The Inspector of Police,
K.Paramathi Police Station,
Karur District.
3.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
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Crl.R.C.(MD) No.692 of 2021
R.PONGIAPPAN, J.
cp
JUDGMENT MADE IN
Crl.R.C.(MD)No.692 of 2021
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Crl.R.C.(MD) No.692 of 2021
28.09.2021
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