Madras High Court
Maruthupandi vs The State Through on 14 December, 2021
Crl. R.C.(MD)No.703 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 14.12.2021
CORAM
THE HONOURABLE MRS. JUSTICE R. THARANI
Crl. R.C.(MD)No.703 of 2021
Maruthupandi .. Petitioner
Vs.
1.The State through
The Inspector of Police,
Kamuthi Police Station,
Crime No.110 of 2021.
2.The Tahsildar,
Taluk Office, Kamuthi.
3.The Revenue Divisional Officer,
Paramakudi.
4.The Director,
Geology and Mining Department,
Collectorate Complex,
Ramanathapuram. .. Respondents
Prayer : This Revision Case is filed under Section 397 and Section 401 of
Cr.P.C., to set aside the impugned “condition No.3”, made in the order passed
in Cr.M.P.No.1391 of 2021, on the file of the Principal Sessions Judge,
Ramanathapuram, dated 05.08.2021, by allowing the criminal revision.
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Crl. R.C.(MD)No.703 of 2021
For Petitioner : Mr.K.R.Laxman
For Respondents : Mrs.M.Aasha
ORDER
This Criminal Revision has been filed to set aside the impugned
“condition No.3”, made in the order passed in Cr.M.P.No.1391 of 2021, on the
file of the Principal Sessions Judge, Ramanathapuram, dated 05.08.2021.
2. A vehicle, viz.,Lorry, bearing Registration No.TN-23-L-9204 was
seized by the respondent police, in Crime No.110 of 2021, under Section 379
of I.P.C and Section 21(1) of Mines and Minerals (Development and
Regulation) Act. The petitioner claiming himself as the owner of the vehicle
filed a petition in Cr.M.P.No.1391 of 2021, before the Principal Sessions
Judge, Ramanathapuram, for temporary return of the vehicle. That petition
was allowed, on 05.08.2021, with certain conditions. The petitioner has
preferred this Revision against the condition No.3.
3. On the side of the petitioner, it is stated that on the date of
occurrence 7 lorries were seized by the respondent police. A condition to
deposit Rs.1,25,000/- was imposed by the trial Court. Out of the 7 lorries, 5
lorries were returned. The condition imposed for the return of the above 5
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Crl. R.C.(MD)No.703 of 2021
vehicles is to deposit of Rs.50,000/- and the same may be followed in this
case. In this regard, a judgment of this Court, made in Crl.R.C(MD)No.590 of
2020, dated 02.09.2021, is referred. It is further stated that from 02.03.2021
onwards, the vehicle is kept in the open place and the value of the vehicle will
be deteriorated day by day due to climatic conditions and prayed the condition
No.3 to be modified.
4. On the side of the prosecution, it is stated that the petitioner is
having a previous case of similar nature in Crime No.289 of 2017 on the file
of the Tiruchuli Police. The vehicle was seized with 3 units of river sand. The
condition imposed by the Court is to deposit Rs.1,25,000/- in favour of
District Legal Services Authority and the deposit is only for a meaningful
purpose and the condition is very reasonable. There is no necessity to modify
the condition or to set aside the condition and prayed the petition to be
dismissed.
5. Considering the above circumstances, this Court is inclined to
modify condition No.3. Hence, the condition No.3 is modified that the
petitioner is directed to deposit Rs.1,00,000/- before the trial Court in Crime
No.110 of 2021 and the trial Court is directed to deposit the amount in any one
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Crl. R.C.(MD)No.703 of 2021
of the Nationalised Banks, in a Fixed Deposit scheme, automatically
renewable once in three years. The trial Court is at liberty to pass an order
regarding the deposit amount, after the completion of the case. The condition
No.2 is suo-motu modified that the petitioner is directed to execute a
bond for a sum of Rs.2,00,000/- with two sureties for a like sum each.
6. With the above modification, this Criminal Revision is partly
allowed.
14.12.2021
Index : Yes/No
Internet : Yes/No
Ls
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.
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Crl. R.C.(MD)No.703 of 2021
To
1.The Principal Sessions Judge,
Ramanathapuram.
2. The Inspector of Police,
Kamuthi Police Station,
Crime No.110 of 2021.
3.The Tahsildar,
Taluk Office,
Kamuthi.
4.The Revenue Divisional Officer,
Paramakudi.
5.The Director,
Geology and Mining Department,
Collectorate Complex,
Ramanathapuram.
6.The Additional Public Prosecutor
Madurai Bench of Madras High Court,
Madurai.
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Crl. R.C.(MD)No.703 of 2021
R.THARANI, J.
Ls
Crl. R.C.(MD)No.703 of 2021
14.12.2021
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