Partly allowed

Gladwin v. State Rep. by Its

Madras HC16 Apr 2015CRL RC/327/2015

Case brief

AI extract

What is this about?

In a criminal revision regarding illegal transportation of sand, the High Court modified the condition imposed on an accused for the return of his seized lorry. The Court directed that the requirement to execute a bond with a surety be treated as a personal bond only, while mandating a specific entry in the RC Book.

What did the court decide?

Condition No.1 shall be treated as a personal bond by the accused and surety; Magistrate to enter lorry details in RC Book.

Gladwin Vs State Rep. by Its — Property and Title | Madras HC (2015)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 16.04.2015

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CORAM:

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THE HONOURABLE MR.JUSTICE P.DEVADASS

¶5

CRL.R.C.NO.327 OF 2015

Gladwin

... Petitioner

Vs.

State, Rep. by Inspector of Police, K.G.Chavdi Police Station, Coimbatore District. ... Respondent (Crime No.45/2014)

¶10

PRAYER: Criminal Revision Petition filed under section 397 & 401 of Criminal Procedure Code with a prayer to set aside the order in so far as the one condition and modify the above condition in C.M.P.No.1618 of 2014 dated 13.03.2015 passed by the Judicial Magistrate No.VII, Coimbatore.

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For Petitioner : Mr.S.Vinoth For Respondent : Mr.Pratap Kumar Government Advocate O R D E R

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This Revision has been directed by the accused with reference to condition No.1 imposed in return of property ordered by the learned Judicial Magistrate No.VII, Coimbatore in C.M.P. No.1618 of 2015 on 13.03.2015.

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Heard the learned counsel for the petitioner and the learned Government Advocate for the respondent.

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Petitioner is accused of illegal transportation of sand in his lorry. Lorry has been seized. While ordering return of this lorry, the learned Magistrate directed the petitioner to execute a bond for Rs.5,00,000/- (Rupees Five Lakhs only) with one surety (Condition No.1).

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It is submitted by the learned counsel for the petitioner that the said condition is onerous and he and the surety is not able to produce any property surety.

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In the circumstances, in the impugned order passed by the https://hcservices.ecourts.gov.in/hcservices/ learned Judicial Magistrate No.VII, Coimbatore in C.M.P.No.1618 of

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2015 dated 13.03.2015, Condition No.1 shall be treated as personal bond both by the accused and by the surety.

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However, the learned Judicial Magistrate, shall make entry in the R.C. Book of the lorry that the lorry is involved in this case, mentioned in Crime No.45 of 2014.

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Accordingly, this Criminal Revision is disposed of.

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Sd/-
Asst.Registrar (CS IV )
/true copy/
Sub Asst. Registrar
kua/ds
To
1.The Judicial Magistrate No.VII
Coimbatore.
2. Inspector of Police,
K.G.Chavdi Police Station,
Coimbatore District.
3. The Public Prosecutor,
High Court, Madras.
1 cc to Mr.S. Vinoth, Advocate, Sr. 20852
CRL.R.C.NO.327 OF 2015
LRS (CO)
kk 21/4

¶21

https://hcservices.ecourts.gov.in/hcservices/

Gladwin v. State Rep. by Its

Case brief

What is this about?

What did the court decide?

Gladwin v. State Rep. by Its

Case brief

What is this about?

What did the court decide?

What the court decided

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