Kumaravelu Vs The State of Tamilnadu

PRAYER: Criminal Miscellaneous Petition is filed under Section 528 of BNSS, to Modify the condition No.(b) imposed in order dated 20.06.2025 in Crl.R.C.(MD).No.717 of 2025 passed by this Hon'ble Court and pass such and other orders as this Hon'ble Court may deem fit in the proper and circumstances of the case and thus

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For Petitioner : Mr.E.Balasubramanian

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For Respondent : Mr.Vaikkam Karunanithi Government Advocate (crl.side)

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

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Crl.MP.(MD)No.3123 of 2026

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O R D E R

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This Criminal Miscellaneous Petition has been filed to modify the condition No.8(b) imposed upon the petitioner in Crl.RC.(MD).No.717 of 2025 dated 20.06.2025.

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Heard Mr.E.Balasubramanian, learned counsel for petitioner and Mr.Vaikkam Karunanithi, learned Government Advocate (Crl.side) for respondent.

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3.Learned counsel for the petitioner submits that petitioner is the owner of an Ashok Leyland Tipper Lorry, bearing registration number TN 18 F 7517. The said vehicle was seized by the respondent police in connection with Crime No.166 of 2024 for the alleged offence of illegal transportation of river sand. This Court, vide order dated 20.06.2025 in Crl.RC(MD).No. 717 of 2025, directed to release the said vehicle subject to certain conditions. The relevant portion of the condition No.8(b) is extracted hereunder:

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

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Crl.MP.(MD)No.3123 of 2026

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''(b) The petitioner shall execute a bond for a sum of Rs.8,00,000/-

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(Rupees Eight Lakhs only), with two sureties for a likesum to the satisfaction of the learned District Munsif cum Judicial Magistrate, Thirumayam, Pudukottai.''

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Learned counsel for petitioner further submits that the entire livelihood of the petitioner’s family depends upon the income derived from renting out the said vehicle. It is submitted that Condition 8(b) of the order passed in Crl.R.C.(MD).No. 717 of 2025, dated 20.06.2025, is onerous and the petitioner is unable to arrange such huge amount. Therefore, the petitioner seeks indulgence of this Court to modify the said condition and prays that the present modification petition be allowed.

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Mr.Vaikkam Karunanithi, learned Government Advocate (crl.side) appearing for respondent, has stated that he has no objection in allowing the present petition.

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

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Crl.MP.(MD)No.3123 of 2026

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6.Taking into consideration of the submissions made by learned Counsel for petitioner, condition No.8(b) imposed by this Court in Crl.R.C.(MD)No.717 of 2025, dated 20.06.2025, is modified as follows:-

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“ The petitioner shall execute a bond for a sum of Rs.4,00,000/- (Rupees Four Lakhs only), with two sureties for a likesum to the satisfaction of the learned District Munsif cum Judicial Magistrate, Thirumayam, Pudukottai.''

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