Criminal Revision to modify an onerous interim bail/security condition imposing a Rs.20,000 non-refundable deposit. The High Court allowed the revision, reducing the security to Rs.5,000.
Order dated 17.08.2021 modified to reduce the non-refundable security deposit from Rs.20,000 to Rs.5,000.
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.
Crl.R.C(MD)No.557 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.08.2021 CORAM
THE HONOURABLE MRS. JUSTICE T.KRISHNAVALLI
Crl.R.C(MD)No.557 of 2021
Arumugam
... Petitioner/Petitioner
Vs.
State Rep. by The Inspector of Police, Aranthangi Police Station, Pudukottai District. (Cr.No.905 of 2021) ... Respondent/Respondent
Prayer : This Criminal Revision has been filed under Section 397 r/w 401 of Criminal Procedure Code, to call for the records pertaining to the order passed by the Principal District and Sessions Court, Pudukottai in Crl.M.P.No.3200 of 2021, dated 17.08.2021 and set aside the condition insofar directing the petitioner to deposit a sum of Rs.20,000/- as cash security.
For Petitioner : Mr.T.Lenin Kumar
For Respondent : Mr.RMS.Sethuraman Counsel for State Government (Crl.side)
O R D E R
This Criminal Revision Case is filed to modify the onerous condition of deposit a sum of Rs.20,000/- (Rupees Twenty thousand only) as cash security imposed by the learned Principal District and Sessions Judge, Pudukkottai in the order passed in Crl.M.P.No.3200 of 2021, dated 17.08.2021.
2.The petitioner claims to be the owner of the Bullock Cart. On 06.08.2021, the respondent police seized the Bullock Cart on the ground that it was used for committing the offence of transporting the illegal sand. Subsequently, the petitioner has approached the learned Principal District and Sessions Judge, Pudukkottai, by way of filing a petition in Crl.M.P.No.3200 of 2021 by its order, dated 17.08.2021, by imposing the condition to the effect that the petitioner under took to remit a sum of Rs.20,000/- (Rupees Twenty Thousand only) as non refundable amount to the following account of the Tamil Nadu Chief Minister's Relief Fund. Challenging the said condition imposed by the trial Court, the petitioner is before this Court with this criminal revision.
3.Heard the learned counsel appearing on either side and https://hcservices.ecourts.gov.in/hcservices/
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Crl.R.C(MD)No.557 of 2021
perused the materials available on record.
4.The only grievance of the petitioner is that the conditions imposed by the learned Principal District and Sessions Judge, Pudukkottai, is onerous.
5.In view of that, this Criminal Revision Case is allowed. The order of the learned Principal District and Sessions Judge, Pudukkottai, made in Crl.M.P.No.3200 of 2021, dated 17.08.2021 is modified in respect of the condition (a) alone and it is modified to the effect that the petitioner under takes to remit a sum of Rs.5,000/- (Rupees Five Thousand only) as non refundable amount to the following account of the Tamil Nadu Chief Minister's Relief Fund. In respect of other conditions, the order of the learned Principal District and Sessions Judge, Pudukkottai, shall remain unaltered.
// True Copy //
vsd
Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.
To
1.The Principal District and Sessions Court, Pudukottai.
2.The Inspector of Police, Aranthangi Police Station, Pudukottai District.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
Copy to:The officer incharge, Chief Minister Public relief fund, Secretariat , Chennai-9.
Crl.R.C(MD)No.557 of 2021 25.08.2021
RD(6.09.2021) 2P 5C
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2 issues framed by the court
Whether the condition to deposit Rs.20,000 as non-refundable cash security imposed by the lower court is onerous and requires modification.
Whether Section 397 r/w 401 CrPC can be invoked to modify the security condition in an interim order.
1 provisions across 1 enactments
Arumugam
State Rep. by The Inspector of Police, Aranthangi Police Station, Pudukottai District
T. Krishnavalli
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
