Ganesan v. The State of Tamil Nadu

O R D E R This Criminal Revision Petition is filed seeking orders to modify the condition (a) imposed by the learned District Munsif cum Judicial Magistrate, Radhapuram, Tirunelveli District in Crl.M.P.No.7307 of 2024, dated

03.01.2025.

¶2The petitioner claims to be the owner of the vehicle Tipper Lorry bearing registration No.TN-72-BW-6826. On 16.10.2024, the respondent police intercepted the vehicle viz., Tipper Lorry bearing registration No.TN-72-BW-6826 and seized the vehicle in connection with the case in Crime No.175 of 2024 for the offences under Section 303(2) of BNS and 21(4) of MMDR Act.

¶3It is not in dispute that the petitioner has approached the learned District Munsif cum Judicial Magistrate, Radhapuram, for returning of the said vehicle in Cr.M.P.No.7307 of 2024 and the learned Judicial Magistrate, vide order dated 03.01.2025, has allowed the petition with certain conditions that the petitioner shall execute a own bond for Rs.25,00,000/- with two sureties for like sum and on compliance of the conditions, the above vehicle bearing registration No.TN-72-BW-6826 shall be returned to the petitioner on interim custody. Challenging the above said condition, the above Criminal Revision came to be filed before this Court.

¶4The learned counsel appearing for the petitioner would submit that the petitioner's vehicle is an old vehicle and the value of the vehicle is very low and the first condition to execute a bond for Rs.25,00,000/- is onerous. He would further submit that the petitioner's family is depending upon the income deprived from the above said vehicle.

¶5The learned Government Advocate (Criminal Side) appearing for the State would submit that the value of the vehicle is around Rs.25 lakhs.

¶6The main grievance of the petitioner is that the conditions imposed by the learned Judicial Magistrate in directing the petitioner to execute a bond for Rs.25,00,000/- for himself with two sureties for like sum, is onerous and that the value of the vehicle will be deteriorated due to the exposure to sun and rain.

¶7Considering the above facts and circumstances of the case and also taking note of the submission made by the learned counsel appearing for the petitioner that the condition No.(a) imposed by the learned District Munsif cum Judicial Magistrate, Radhapuram, is onerous, this Court is inclined to modify the condition.

¶8In the result, this Criminal Revision Petition is allowed. The order of the learned District Munsif cum Judicial Magistrate, Radhapuram, made in Cr.M.P.No.7307 of 2024, dated 03.01.2025 is modified in respect of the condition No.(a) alone and it is modified to the effect that the petitioner shall deposit a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) as non-refundable deposit for the vehicle to the credit of the District Mineral Foundation Trust, Tirunelveli and the petitioner shall execute a bond for a sum of Rs.8,00,000/- with two sureties for a like sum each to the satisfaction of the learned District Munsif cum Judicial Magistrate, Radhapuram, and on compliance of the condition, the above Tipper Lorry vehicle bearing registration No.TN-72-BW-6826 shall be returned to the petitioner on interim custody. In respect of other conditions, the order of the learned District Munsif cum Judicial Magistrate, Radhapuram, shall remain unaltered.

03.02.2025 NCC : Yes/No Index : Yes/No Internet : Yes/No das To:-

1.TheDistrict Munsif cum Judicial Magistrate, Radhapuram.

2.The Sub-Inspector of Police, Uvari Police Station, Tirunelveli District.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

K.MURALI SHANKAR, J.

das Crl.R.C.(MD)No.138 of 2025

03.02.2025

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.02.2025 CORAM: THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR Crl.R.C.(MD)No.138 of 2025 Ganesan : Petitioner Vs. State rep.by the Sub-Inspector of Police, Uvari Police Station, Tirunelveli District. Crime No.175 of 2024. : Respondent Prayer : This Criminal Revision has been filed under Section 438 r/w 442 of B.N.S.S., to call for the records and modify the condition (a) imposed by the learned District Munsif cum Judicial Magistrate, Radhapuram, Tirunelveli District in Crl.M.P.No.7307 of 2024, dated 03.01.2025. For Petitioner : Mr.S.Krishna Kumar, For Respondent : Mr.B.Thanga Aravindh, Government Advocate (Crl. Side)