IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 31.01.2017 CORAM THE HONOURABLE MR. JUSTICE R.MAHADEVAN Crl.O.P.No.335 of 2017 P.Tamilselvan ... Petitioner Vs The State represented by The Inspector of Police, Ammapettai Police station, Erode District. ... Respondent Criminal Original Petitions filed under Section 482 Cr.P.C. to modify the condition in the order passed by the learned Judicial Magistrate, Bhavani, on 27.1.2016 in Crl.M.P.No.465 of 2016 directing the petitioner to produce vehicle before the learned Judicial Magistrate, Bhavani, first working day of every month until further orders.
For Petitioner : Mr.R.P.Muruganraja For Respondent : Mr.C.Emalias, Addl. Public Prosecutor ORDER The present criminal original petition has been filed to modify the condition imposed by the learned Judicial Magistrate, Bhavani, dated 27.1.2016 in Crl.M.P.No.465 of 2016 directing the petitioner to produce the vehicle before the learned Judicial Magistrate, Bhavani, on the first working day of every month until further orders.
2. It is the case of the petitioner that his Maruti 800 AC Car bearing registration No.TN 36 AY 3362 was seized by the respondent police in connection with a case in Crime No.485 of 2015. Subsequently, the petitioner filed a petition in CMP No.465 of 2016 before the learned Judicial Magistrate, Bhavani, to return the said vehicle and the same was returned to the petitioner with certain conditions. One of the conditions is that the petitioner should produce the vehicle before the Court on the first working day of every month until further orders. As per the said condition, he produced the vehicle without fail. However, since he is facing difficulties to produce the vehicle as per the said condition, he filed the present petition seeking to modify the said condition.
3. Learned Additional Public Prosecutor submitted that the petitioner has been complying with the said condition regularly.
4. Considering the facts and circumstance of the case, the condition imposed on the petitioner in Crl.M.P.No.465 of 2016 dated 27.1.2016 by the learned Judicial Magistrate, Bhavani, viz., “the petitioner should produce the vehicle before the Court on the first working day of every month until further orders “ is modified to the effect that “the petitioner should produce the vehicle before the Court as and when required. “ The other conditions shall remain unaltered. The Criminal Original Petition is ordered accordingly.
31.01.2017 Index:Yes/No sbi To
1. The Judicial Magistrate, Bhavani.
2. The Inspector of Police, Ammapettai Police station, Erode District.
3. The Public Prosecutor, High Court, Madras.
R.MAHADEVAN, J sbi Crl.O.P.No.335 of 2017 DATED: 31.1.2017