The Court modified a condition in a previous order allowing the return of a vehicle. It reduced the required deposit from Rs.75,000 to Rs.25,000, citing the petitioner's inability to mobilize funds due to the pandemic situation.
Condition No.4(2) modified to require deposit of Rs.25,000/- instead of Rs.75,000/- before the Tahsildar, Cheyyur.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 04.02.2021
CORAM:
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH
Crl.OP.No.1707 of 2021
Udhayakumar
S/o.Govindaraj ... Petitioner
Vs.
1.State Rep. by its
Inspector of Police
Anaicuttu Police Station
Chengalpattu District
(Crime No.606/2020)
2.The Assistant Director
Mines and Minerals Department
Kancheepuram
Kancheepuram District.
3.The Tahsildar
Cheyyur Taluk
Chengalpattu District. ... Respondents
Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to modify the condition imposed by the learned Principal Sessions Judge, Kancheepuram District at Chengalpattu, order dated 07.01.2021 made in Crl.M.P.No.3563 of 2020 "4(2) The petitioner is directed to deposit of Rs.75,000/- before the Tahsildar, Cheyyur and on deposit, the said amount has to be deposited by the Tahsildar, Cheyyur to the credit of the District Mines and Minerals Foundation Trust."
For Petitioner : Mr.G.Punniakoti For Respondents : Mr.M.Mohamed Riyaz, Additional Public Prosecutor.
O R D E R
This petition has been filed seeking modification of the condition imposed by the court below while allowing the application in Crl.M.P.No.3563 of 2020, filed by the petitioner for return of vehicle. The Court below while allowing the application under Section 451 Cr.P.C., seeking for return of vehicle, by order dated 07.01.2021, had imposed certain conditions and one such condition was that the petitioner should deposit a sum of Rs.75,000/- before the Tahsildar, Cheyyur and on deposit, the said amount has to be deposited by the Tahsildar, Cheyyur, to the credit of the District Mines and Minerals Foundation Trust as Non-refundable deposit.
2.The learned counsel for the petitioner submitted that the petitioner was not able to mobilize funds due to the pandemic situation and seeks for modification of the condition.
3.Taking into consideration the facts and circumstances of the case, the condition No.4(2) shall stand modified as follows:
“The petitioner is directed to deposit Rs.25,000/before the Tahsildar, Cheyyur, and on deposit, the said amount has to be deposited by the Tahsildar, Cheyyur, to the credit of the District Mines and Minerals Foundation Trust as Nonrefundable Deposit.”
4.The other conditions as imposed by the Court below while passing orders in Crl.M.P.No.3563 of 2020, will stand as it is.
5.Accordingly, this Criminal Original Petition is disposed of.
Assistant Registrar(CS-III)
//True Copy//
Sub Assistant Registrar
rm
To
https://hcservices.ecourts.gov.in/hcservices/ Kancheepuram District.
GP(CO)
SM/02/03/2021
Crl.OP.No.1707 of 2021
1 issue framed by the court
Whether the petitioner's deposit amount of Rs.75,000/- imposed by the lower court can be reduced to Rs.25,000/- due to financial difficulties arising from the pandemic.
2 provisions across 1 enactments
Udhayakumar
State Rep. by its Inspector of Police
Assistant Director Mines and Minerals Department
Tahsildar Cheyyur
N.Anand Venkatesh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
