1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.08.2011 CORAM THE HONOURABLE MS.JUSTICE R.MALA Crl.O.P.(MD).No.9920 of 2011 M/s.Cholamandalam Investments and Finance Ltd., rep. by Deputy Manager Logeswaran : Petitioner -Vs- State rep. by Inspector of Police, Orathanadu Police Station, Thanjavur District. : Respondent/Complainant PRAYER: Petition is filed under Section 482 of the Code of Criminal Procedure praying to relax the condition that the petitioner company shall execute a bond for Rs.2,00,000/- with one surety who has also to execute a bond for the said amount in Crl.M.P.1018 of 2011 on the file of the District Munsif cum Judicial Magistrate, Orathanadu. For Petitioner : Mr.M.Sankar For Respondents : Mr.A.Ramar Addl. Public Prosecutor O R D E R This petition has been filed to to relax the condition that the petitioner company shall execute a bond for Rs.2,00,000/- with one surety who has also to execute a bond for the said amount in Crl.M.P.1018 of 2011 on the file of the District Munsif cum Judicial Magistrate, Orathanadu. 2.The learned counsel appearing for the petitioner would submit that he has filed a petition in Cr.M.P.No.1018 of 2011 before the learned District Munsif cum Judicial Magistrate, Orathanadu, under Section 451 Cr.P.C for interim custody of the vehicle viz., Maxi Truck bearing Reg. No.TN 49 Q 9535 and the learned Judicial Magistrate concerned has ordered the petitioner on 30.03.2011 with following conditions: “1.The original RC book to be deposited in this Court. 2.The petitioner has to execute a bond for Rs.2,00,000/- along with one surety, who has also to execute a bond for the same amount. 3.The property should be produced before this Court on the 1st week of every month. 4.The property should not be alienated or encumbered. 5.Photograph shall be taken on the four dimension of the vehicle and it will be deposited with this court. 6.The property shall be produced before this Court as and whenever specifically required by this Court.” Since the petitioner is a Corporate company, he wants the modification of the 1st condition instead of the petitioner to execute a bond for Rs.2,00,000/- along with one surety, he wants that the power of attorney to be executed a bond for Rs.2,00,000/- along with one surety and https://hcservices.ecourts.gov.in/hcservices/ 2 accordingly, he prayed for the modification. To substantiate his argument, he relied upon the document to show that the fresh certificate of incorporation of the petitioner company and also the deed of power of attorney. 3.Considering the documents as well as the perusal of the records, it would show that the petitioner is only a Corporate company and he has given power of attorney. Hence, it is a fit case to modify the condition that instead of petitioner company to execute a bond for Rs.2 lakhs along with one surety, the power of attorney of petitioner shall execute a bond for Rs.2,00,000/- along with one surety. 4.With the above said modification, this criminal original petition is disposed of. Sd/- Assistant Registrar(CO) /True copy/ Sub Assistant Registrar(CS) To 1.The District Munsif cum Judicial Magistrate, Orathanadu. 2.The Inspector of Police, Orathanadu Police Station, Thanjavur District. 3.The Additional Public Prosecutor Madurai Bench of Madras High Court Madurai. +1 CC to MR.M.Sankar, Advocate, SR.No.27967 Arul Crl.O.P.(MD).No.9920 of 2011 17.08.2011 TR : 25.08.2011 : 2p/5c https://hcservices.ecourts.gov.in/hcservices/