Madras High Court
Jebamony vs The Inspector Of Police on 16 November, 2021
Crl.R.C.(MD)No.782 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 16.11.2021
CORAM:
THE HONOURABLE MRS.JUSTICE R.THARANI
Crl.R.C.(MD)No.782 of 2021
and
Crl.M.P.(MD)No.9174 of 2021
Jebamony ... Petitioner/Petitioner/
Accused No.2
vs.
The Inspector of Police,
Marthandam Police Station,
rep. by the Public Prosecutor,
Kanyakumari District at Nagercoil,
(Crime No.524 of 2021) ... Respondent/Respondent/
Complainant
PRAYER : Criminal Revision Petition is filed under Section 397 r/w 401
of the Code of Criminal Procedure, to call for the records pertaining to
the impugned order dated 27.09.2021 in Crl.M.P.No.4105 of 2021,
passed by the learned Principal Sessions Judge, Kanyakumari District at
Nagercoil in so far as the condition Nos.(i) & (ii) alone and set aside the
same and modify the condition Nos.1 & 2.
For Petitioner : Mr.C.Kishore
For Respondent : Ms.Asha
Government Advocate
https://www.mhc.tn.gov.in/judis
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Crl.R.C.(MD)No.782 of 2021
ORDER
This Criminal Revision has been filed to modify the condition
Nos.(i) & (ii) in the order passed in Crl.M.P.No.4105 of 2021, dated
27.09.2021 on the file of the Principal Sessions Judge, Kanyakumari
District at Nagercoil.
2. A vehicle viz., Tata 407, bearing Registration No.TN-74-
AU-2656 was seized by the respondent police in Crime No.524 of 2021
for an offence under Section 379 IPC for sand theft. The petitioner
claiming himself as the owner of the vehicle filed a petition in
Crl.M.P.No.4105 of 2021 before the Principal Sessions Judge,
Kanyakumari District at Nagercoil, for temporary return of the vehicle.
That petition was allowed by the Principal Sessions Judge, Kanyakumari
District at Nagercoil, on certain conditions. The petitioner has preferred
this Revision against the conditions No.(i) & (ii) ie. for execution of a
bond for a sum of Rs.10,00,000/- and for deposit of the original RC
book.
3. On the side of the revision petitioner, it is stated that the trial
Court ordered to execute a bond for a sum of Rs.10,00,000/-, which is,
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Crl.R.C.(MD)No.782 of 2021
exorbitant and onerous and also the trial Court ordered for the deposit of
RC book, the vehicle was purchased through a private banker and the RC
book is with the private bank and hence, the revision petitioner could not
deposit the RC book and prayed the condition Nos.(i) & (ii) to be set
aside.
4. The learned counsel for the revision petitioner relied upon a
judgments of this Court in Crl.R.C.No.661 of 2020 (P.Srinivasan and
others vs. State) dated 19.08.2020 and Crl.R.C.(MD)No.456 of 2021
and Crl.M.P.(MD)No.4773 of 2021 (Hameesh @ Kamesh vs. State)
dated 14.07.2021.
5. On the side of the prosecution, it is stated that the vehicle was
seized for involvement of sand theft. The conditions imposed by the trial
Court are very reasonable. If the vehicle is return to the revision
petitioner, there is possibility of the vehicle to be used for commission of
the similar offence again and prayed the petition to be dismissed.
6. It is seen that the vehicle is of the year 2012. If the vehicle is
kept in the open place, the value of the vehicle will be deteriorated day
by day. Hence, the condition No.(i) is modified to the effect that the
https://www.mhc.tn.gov.in/judis
Crl.R.C.(MD)No.782 of 2021
petitioner is directed to execute a bond for a sum of Rs.5,00,000/-
(Rupees Five Lakhs Only) with two sureties for a like sum to the
satisfaction of the Judicial Magistrate No.I, Kuzhithurai. The condition
No.(ii) is reasonable and there is no necessity to modify the condition. In
respect of other conditions, the order of the Principal Sessions Court
shall remain unaltered.
7. The respondent police is hereby directed to alter the case by
impleading the relevant offence made out under the provision of Mines
and Minerals (Development and regulation) Act and to file a final report
before the concerned Court within a period of two weeks from the date of
receipt of a copy of this order. A compliance report to be filed before this
Court on or before 23.12.2021. Registry is directed to send a copy of this
order to the concerned respondent.
8. For reporting compliance by the respondent call on 23.12.2021.
16.11.2021
Index : Yes/No
Internet : Yes/No
csm/mga
https://www.mhc.tn.gov.in/judis
Crl.R.C.(MD)No.782 of 2021
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.
To
1. The Inspector of Police,
Marthandam Police Station,
Kanyakumari District at Nagercoil.
2.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
https://www.mhc.tn.gov.in/judis
Crl.R.C.(MD)No.782 of 2021
R.THARANI, J.
csm/mga
Crl.R.C.(MD)No.782 of 2021
and
Crl.M.P.(MD)No.9174 of 2021
16.11.2021
https://www.mhc.tn.gov.in/judis
