G.Santhanakrishnan vs The Inspector Of Police
2022 Latest Caselaw 11560 Mad

                                                                         Crl.R.C.(MD) No.600 of 2022


                           BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                               DATED : 30.06.2022

                                                    CORAM:

                                  THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR


                                            Crl.R.C.(MD)No.600 of 2022


                 G.Santhanakrishnan                    ... Petitioner/Petitioner


                                                       Vs.

                 The Inspector of Police,
                 Kariyapatti Police Station,
                 Virudhunagar District.
                 (Crime No.52 of 2022)                ...Respondent/Respondent


                 Prayer : This Criminal Revision has been filed under Section 397 r/w 401 of
                 Criminal Procedure Code, to call for the records of Cr.M.P.No.839 of 2022 in
                 C.P.No.19 of 2022 dated 16.06.2022 passed by the learned Principal District and
                 Sessions Judge, Virudhunagar District at Srivilliputhur and set aside the same in
                 so far as condition (i).




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https://www.mhc.tn.gov.in/judis
                                                                          Crl.R.C.(MD) No.600 of 2022



                                  For Petitioner   : Mr.A.Balaji,
                                  For Respondent   : Mr.S.Manikandan,
                                                     Government Advocate (Crl. side)


                                                     JUDGMENT

This Criminal Revision Petition is directed against the condition No.i

imposed by the learned Principal District and Sessions Judge, Virudhunagar

District at Srivilliputhur, in the order passed in Cr.M.P.No.839 of 2022 in

C.P.No.19 of 2022 dated 16.06.2022.

2.The petitioner claims to be the owner of DOST bearing Registration

No.TN-67-BZ-1021. On 07.03.2022, the respondent police intercepted the

vehicle viz., DOST bearing Registration No.TN-67-BZ-1021 and seized the

vehicle as the same was used for transporting of illegal sand without any valid

license or permit and registered a case in Crime No.52 of 2022 for the offences

under Section 379 of IPC and Section 21(5) of Mines and Minerals (Development

and Regulation) Act.

https://www.mhc.tn.gov.in/judis Crl.R.C.(MD) No.600 of 2022

3.It is not in dispute that the petitioner has approached the learned Principal

District and Sessions Judge, Virudhunagar District at Srivilliputhur, for returning

of the said vehicle in Cr.M.P.No.839 of 2022 and the learned Principal District

and Sessions Judge, vide order dated 16.06.2022, has allowed the petition with

certain conditions that the petitioner shall surrender the original R.C. Book and to

deposit a sum of Rs.1,00,000/- before the Court below in Crime No.52 of 2022 of

Kariapatti Police Station. Challenging the said condition, the above criminal

revision came to be filed before this Court.

4.Heard the learned counsel appearing for the petitioner and the learned

Government Advocate (Criminal Side) appearing for the respondent.

5.The learned counsel for the petitioner would submit that the petitioner's

vehicle was never involved in any illegal activity and the respondent police

without verifying the same has foisted the above false case. He would further

submit that the petitioner's family is depending upon the income deprived from

the above said vehicle.

https://www.mhc.tn.gov.in/judis Crl.R.C.(MD) No.600 of 2022

6.The main grievance of the petitioner is that the condition imposed by the

learned Principal District and Sessions Judge in directing the petitioner to deposit

a sum of Rs.1,00,000/- is onerous and that the value of the vehicle will be

deteriorated due to the exposure to sun and rain.

7.Considering the above facts and circumstances of the case and also the

facts that the petitioner is not having any previous cases for similar offence and

that the petitioner's vehicle was not involved in any other case and also taking

note of the fact that the condition imposed by the learned Principal District and

Sessions Judge is onerous, this Court is inclined to modify the condition.

8.In the result, this Criminal Revision Petition is allowed. The order of the

learned Principal District and Sessions Judge, Virudhunagar District at

Srivilliputhur, made in Cr.M.P.No.839 of 2022, dated 16.06.2022 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 to deposit a sum of

Rs.50,000/- (Rupees Fifty Thousand only) to the credit of Crime No.52 of 2022

before the learned learned Principal District and Sessions Judge, Virudhunagar

https://www.mhc.tn.gov.in/judis Crl.R.C.(MD) No.600 of 2022

District at Srivilliputhur and on compliance of the condition, the above vehicle

which was remanded in P.R.No.19 of 2022 shall be returned to the petitioner on

interim custody. In respect of other conditions, the order of the learned learned

Principal District and Sessions Judge, Virudhunagar District at Srivilliputhur,

shall remain unaltered.

                                                                            30.06.2022
                 Index            : Yes/No
                 Internet         : Yes/No
                 csm


                 To:-

1.The Principal District and Sessions Judge, Virudhunagar District at Srivilliputhur.

2.The Inspector of Police, Kariyapatti Police Station, Virudhunagar 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.600 of 2022

K.MURALI SHANKAR, J.

csm

ORDER MADE IN Crl.R.C.(MD)No.600 of 2022

30.06.2022

https://www.mhc.tn.gov.in/judis