In a criminal revision under Sections 397 and 401 Cr.P.C., the Madurai Bench of the Madras High Court reduced the bond amount from Rs.5,00,000 to Rs.3,00,000 required when granting interim custody of the accused's vehicle.
Bond amount for interim custody reduced from Rs.5,00,000 to Rs.3,00,000 with one surety.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 24.03.2015
CORAM:
THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN
Crl.R.C.(MD)No.126 of 2015
Esakkipandi .. Petitioner/Accused No.2 Vs.
State, rep. by The Inspector of Police, Mukkudal Police Station, Tirunelveli District. (Crime No.120 of 2014) .. Respondent/Complainant
Prayer: Criminal Revision Petition filed under Section 397 r/w 401 Cr.P.C., to call for the records of the learned District Munsif-cumJudicial Magistrate, Cheranmahadevi in Cr.M.P.No.116 of 2015, dated 03.02.2015 and set aside the same.
For Petitioner : Mr.S.R.A.Ramachandran For Respondent : Mr.C.Ramesh,
Additional Public Prosecutor
ORDER
By consent, the Criminal Revision itself is taken up for final disposal.
4.The petitioner filed Cr.M.P.No.116 of 2015 under Section 451 Cr.P.C seeking interim custody of the said vehicle stating among other things that without permission or knowledge, the alleged transportation took place and he is not arrayed as an accused and since the vehicle is parked in the open space subject to vagaries of weather, prays for release of the vehicle by way of interim custody. The Court of District Munsif-cum-Judicial Magistrate, Cheranmahadevi, vide impugned order dated 03.02.2015, had ordered release of vehicle by way of interim custody on certain conditions and one of the conditions is that the petitioner shall execute a bond for a sum of Rs.5,00,000/- with one surety for the like sum to the satisfaction of the said Court. The petitioner/owner of the https://hcservices.ecourts.gov.in/hcservices/ vehicle aggrieved by the said condition has filed this revision.
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Sd/Assistant Registrar (AE)
/True copy/
Sub Assistant Registrar
To
1.The District Munsif-cumJudicial Magistrate, Cheranmahadevi
2.The Inspector of Police, Mukkudal Police Station, Tirunelveli District.
3.The Additional Public Prosecutor,
Madurai Bench of Madras High Court, Madurai.
+1cc to MR.S.R.A.RAMACHANDRAN, ADVOCATE IN SR : 14357
Pm SR : 08.04.2015 : 2p/5c
Crl.R.C.(MD)NO.126 of 2015 24.03.2015
1 issue framed by the court
Whether the condition in interim custody under Section 451 Cr.P.C. requiring a bond of Rs.5,00,000 with a surety be reduced.
1 provisions across 1 enactments
Esakkipandi
State, rep. by The Inspector of Police
M. SATHYANARAYANAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
