Madras High Court
Ramar vs The State on 28 September, 2021
Crl.R.C.(MD) No.690 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.690 of 2021
Ramar ... Petitioner
Vs.
1.The State, Represented through
The Inspector of Police,
Kadaladi Police Station,
Ramanathapuram District.
(Crime No.23 of 2021)
2.The Revenue Divisional Officer,
Paramakudi,
Ramanathapuram District.
3.The Assistant Director,
Geology and Mining Department,
Ramanathapuram District.
4.The Tahsildar,
Taluk Office,
Kadaladi,
Ramanathapuram District. ...Respondents
1/8
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Crl.R.C.(MD) No.690 of 2021
Prayer : This Criminal Revision has been filed under Section 397 r/w 401 of
Criminal Procedure Code, to call for records and to set aside the impugned
“conditions No.3 and 6” made in the impugned order dated 24.08.2021 in
Crl.M.P.No.1572 of 2021 before the learned Principal Sessions Judge,
Ramanathapuram and consequently to return the petitioner's vehicle, namely
Tractor bearing registration number TN 65 AW 2848 and its Engine Number
AZCSG72772653 & its Chasis number 3 and its Trailer to the petitioner
forthwith.
For Petitioner : Mr.M.S.Jeyakarthik
For Respondents : Mr.M.Muthumanikkam
Counsel for Government of
Tamil Nadu(crl.side)
ORDER
This petition has been filed to modify the conditions No.3 and 6 imposed
by the learned Principal Sessions Judge, Ramanathapuram in the order passed in
Crl.M.P.No.1572 of 2021, dated 24.08.2021.
2.The petitioner claims to be the owner of the Tractor and Trailer bearing
Registration No.TN-65-AW-2848. The respondent police intercepted the vehicle
of the petitioner and seized the same on the ground that it was used for carrying
illegal sand without any valid permit and registered a case in Crime No.23 of
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Crl.R.C.(MD) No.690 of 2021
2021 for the offence under Section 379 of IPC and Section 21(1) of Mines and
Minerals (Development and Regulation) Act. Subsequently, the petitioner has
approached the learned Principal Sessions Judge, Ramanathapuram, by way of
filing a petition in Crl.M.P.No.1572 of 2021 for release of the vehicle and the
learned Principal Sessions judge has allowed the petition filed by the petitioner by
its order dated 24.08.2021, by imposing conditions No.3 and 6 to the effect that
the petitioner was directed to remit a sum of Rs.60,000/- as costs within a period
of two weeks from the date of receipt of a copy of the order, by way of an
individual deposit in favour of the District Legal Services Authority,
Ramanathapuram, who shall receive the said amount as ''Environmental Fund''
and make use of the said amount for the purposes mentioned in the order passed
by the Hon'ble Madurai Bench of Madras High Court in CRP(NPD)No.1643 of
2010, dated 20.06.2018 D.Govindasamy Vs. L.Ganesh Naidu (Deceased) and 2
others. Further, the petitioner shall produce the receipt for the remit of the same
from the concerned Authority at the time of furnishing security before the trial
Court and the petitioner was directed to produce the original RC Book at the time
of furnishing sureties. Challenging the said conditions imposed by the trial
Court, the petitioner is before this Court with this criminal revision.
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Crl.R.C.(MD) No.690 of 2021
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 condition Nos.3 and 6
imposed by the learned Principal Sessions Judge, Ramanathapuram, are 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 Principal Sessions Judge, Ramanathapuram, made in Crl.M.P.No.1572 of
2021, dated 24.08.2021 is modified in respect of the condition No.3 alone and it
is modified to the effect that the petitioner is directed to remit a sum of
Rs.50,000/- (Rupees Fifty Thousand only) as costs within a period of two weeks
from the date of receipt of a copy of this order, by way of an individual deposit in
favour of the District Legal Services Authority, Ramanathapuram, who shall
receive the said amount as ''Environmental Fund'' and make use of the said
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Crl.R.C.(MD) No.690 of 2021
amount for the purposes mentioned in the order passed by the Hon'ble Madurai
Bench of Madras High Court in CRP(NPD)No.1643 of 2010, dated 20.06.2018
D.Govindasamy Vs. L.Ganesh Naidu (Deceased) and 2 others. Further, the
petitioner shall produce the receipt for the remit of the same from the concerned
Authority at the time of furnishing security before the trial Court. In respect of
other conditions, the order of the learned Principal Sessions Judge,
Ramanathapuram, shall remain unaltered.
28.09.2021
Index : Yes/No
Internet : Yes/No
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To:-
1.The Principal Sessions Judge,
Ramanathapuram.
2.The Inspector of Police,
Kadaladi Police Station,
Ramanathapuram District.
3.The Revenue Divisional Officer,
Paramakudi,
Ramanathapuram District.
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Crl.R.C.(MD) No.690 of 2021
4.The Assistant Director,
Geology and Mining Department,
Ramanathapuram District.
5.The Tahsildar,
Taluk Office,
Kadaladi,
Ramanathapuram District.
6.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
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Crl.R.C.(MD) No.690 of 2021
R.PONGIAPPAN, J.
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JUDGMENT MADE IN
Crl.R.C.(MD)No.690 of 2021
https://www.mhc.tn.gov.in/judis/
Crl.R.C.(MD) No.690 of 2021
28.09.2021
https://www.mhc.tn.gov.in/judis/
