Madras High Court
Indramoorthy vs The State Represented By on 28 September, 2021
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
1/6
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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,
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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
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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.
https://www.mhc.tn.gov.in/judis/
Crl.R.C.(MD) No.692 of 2021
R.PONGIAPPAN, J.
cp
JUDGMENT MADE IN
Crl.R.C.(MD)No.692 of 2021
https://www.mhc.tn.gov.in/judis/
Crl.R.C.(MD) No.692 of 2021
28.09.2021
https://www.mhc.tn.gov.in/judis/
