1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.07.2011 CORAM THE HONOURABLE MS.JUSTICE R.MALA CRIMINAL ORIGINAL PETITION No.9067 OF 2011 R.Valarmathi ..Petitioner Vs. The State rep. by The Inspector of Police, Tisaiyanvilai Police Station, Tirunelveli District Crime No.344 of 2010 ..Respondent Prayer: This Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to set aside the 1st condition i.e., the petitioner shall execute a bond for sum of Rs.6,90,000/- (Rupees six lakhs and ninety thousand) with two sureties imposed by the Judicial Magistrate, Nanguneri, Tirunelveli District in Crl.M.P.No.1296 of 2011 vide his order dated 10.02.2011 in connection with case in crime No.344 of 2010 on the file of the respondent. For Petitioner : Mr.R.Aravind Raj For Respondents : Mr.K.V.Rajarajan, Government Advocate (Crl. Side) ORDER This petition has been filed to set aside the 1st condition i.e., the petitioner shall execute a bond for sum of Rs.6,90,000/- (Rupees six lakhs and ninety thousand) with two sureties imposed by the Judicial Magistrate, Nanguneri, Tirunelveli District in Crl.M.P.No.1296 of 2011 vide his order dated 10.02.2011 in connection with case in crime No.344 of 2010 on the file of the respondent. 2.The learned counsel appearing for the petitioner would submit that the petitioner has filed an application for return of the jewels seized in the case in crime No.344 of 2010 on the file of the respondent police. He would further submit that the learned Judicial Magistrate has passed an order stating that the petitioner shall execute a bond for a sum of Rs.6,90,000/- with two sureties. He would further submit that the accused in crime No.344 of 2010 has died in a road accident, when he was escaped from the police, while he was taken to borstal school for remand. He would further submit that since the accused in the case in crime No.344 of 2010 has died, he prayed for setting aside the order. 3.This Court on 21.07.2011, called for the report from the learned Judicial Magistrate, Nanguneri and the same has been received, wherein, it has been stated that the accused viz., Vinoth @ https://hcservices.ecourts.gov.in/hcservices/ 2 Vinothkumar in crime No.344 of 2010 on the file of the respondent was escaped from the escort while to remand him in borstal school and he met with a road accident and died and a case has also been registered in crime No.11 of 2011 for the alleged offence under Sections 279 and 304(A) I.P.C. and the case has been transferred to C.B.C.I.D., which is pending for investigation. 4.Considering the submission made by the learned counsel appearing for the petitioner and considering the report received from the learned Judicial Magistrate, Nanguneri, I am of the view that the case has been registered against the Vinoth @ Vinothkumar in crime No.344 of 2010 for the offence under Section 366(A) I.P.C. and when he was taken to reman in borstal school at Nanguneri, he escaped from the escort police and met with a road accident and died on the spot. Even though a case has been registered for the offence under Section 279 and 304(A) I.P.C., the investigation has been transferred to CBCID. As far as the crime No.344 of 2010 is concerned, since the accused has died, that charge against the accused is abetted and hence, the property is recovered in crime No.344 of 2010 is not necessary for the case. Hence, I am of the view that the petitioner is entitled for the return of the property and hence, the condition imposed by the learned Judicial Magistrate in Crl.M.P.No.1296 of 2011, directing the petitioner to execute a bond for Rs.6,90,000/- with two sureties is hereby set aside. 5.With the above said direction, this criminal original petition is disposed of. Sd/- Assistant Registrar(AS) /True Copy/ Sub Assistant Registrar To 1.The Judicial Magistrate, Nanguneri, Tirunelveli District. 2.The The Inspector of Police, Tisaiyanvilai Police Station, Tirunelveli District 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. Arul akm/16.8.11 /2p-4c/ Crl.O.P(MD)No.9067 of 2011 29.07.2011 https://hcservices.ecourts.gov.in/hcservices/