By the impugned order dated 29.11.2016 in Crl.M.P.No.4518 of 2016 in Crime No.996 of 2016, the learned V Metropolitan Magistrate, Allikulam Complex, Chennai, granted interim custody of the petitioner's auto-rickshaw bearing Regn.No.TN-03-T-2901 to him, on certain conditions. The first condition is that the petitioner has to execute a bond for a sum of Rs.1,50,000/- with two sureties each for the likesum; the sureties shall be owners of movable or immovable property worth more than Rs.1,50,000/- and that necessary documents have to be furnished. The second condition is that the petitioner has to produce the original RC book before the Court. Now the present petition has been filed to issue a direction to modify the said first and second conditions.
2. Mr.C.Emalias, learned Additional Public Prosecutor, took notice for the respondent.
3. Heard both the sides.
4. Considering the facts and circumstances of the case, the first condition imposed by the learned V Metropolitan Magistrate, Allikulam Complex, Moore Market, Chennai, is modified to the effect that the petitioner shall execute a bond for a sum of Rs.50,000/- with two sureties each for the likesum, instead of Rs.1,50,000/-, and that the sureties shall be owners of movable or immovable property worth more than Rs.50,000/- and not Rs.1,50,000/-. Necessary documents directed to be filed by the learned Magistrate stands unaltered. Thus the first condition is modified accordingly.
With regard to the second condition, the learned counsel for the petitioner submitted that the original RC Book is lying with the concerned Regional Transport Office and hence he is unable to produce the same before the Magistrate. Considering the said submission, the second condition with regard to production of original RC Book is modified to the effect that the petitioner shall file an affidavit before the Magistrate that the original RC book is lying with the concerned Regional Transport Office and the same will be produced immediately as and when it is received by him. The second condition is modified accordingly.
5. Rest of the conditions imposed by the learned Magistrate, shall remain unaltered.
6. This petition is ordered accordingly.
Index : Yes/No 13.06.2017 Internet : Yes/No KM To
1. The Inspector of Police, P-2 Otteri Police Station, Chennai-600 012.
R.MAHADEVAN, J.
KM
2. The Public Prosecutor, Madras High Court, Chennai-600 104.
Crl.O.P.No.3316 of 2017 13.06.2017 http://www.judis.nic.in