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.9934 of 2011 M/s.Cholamandalam Investments and Finance Ltd., rep. by Branch Manager Sasi Anand : Petitioner Vs. State rep. by Inspector of Police, Pettai Police Station, Tirunelveli District. : Respondent 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, the solvency certificate must be issued by the Tahsildar, in Crl.M.P.243 of 2011 on the file of the Judicial Magistrate No.II, Tirunelveli. 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, the solvency certificate must be issued by the Tahsildar, in Crl.M.P.243 of 2011 on the file of the Judicial Magistrate No.II, Tirunelveli. 2. The learned counsel appearing for the petitioner would submit that he has filed a petition in Cr.M.P.No.243 of 2011 before the learned Judicial Magistrate No.II, Tirunelveli, under Section 451 Cr.P.C for interim custody of the vehicle viz., Maxi Truck bearing Reg. No.TN 75 4386 and the learned Judicial Magistrate concerned has ordered the petitioner on 09.04.2011 with following conditions: “1. on executing a bond for Rs.2,00,000/- with one surety, the solvency certificate must be issued by the Tahsildar. 2. The original RC book to be deposited in this Court. 3. The property should not be alienated or encumbered in this Court. https://hcservices.ecourts.gov.in/hcservices/ 2 4. It will be activated in day to day course of business and Maintenance in good condition. 5. The Mark and Identity should not be changed. 6. The property should be produced before this Court on the 1st working day on the following months until further orders. 7. The property shall be produced before this as and whenever specifically required by this Court, it should not be used for illegally purposed. 8. Three dimension photograph shall be taken for the vehicle and it will be deposited with this Court. 9. The property shall be submitted before the DRO Tirunelveli as and whenever required by the officer for adjudication pending before him.” 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 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 company 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 (RTI) /True Copy/ Sub Assistant Registrar To 1.The Judicial Magistrate No.II, Tirunelveli. 2.The Inspector of Police, Pettai Police Station, Tirunelveli District. 3.The Additional Public Prosecutor Madurai Bench of Madras High Court, Madurai. +1 CC to Mr.M.Sankar, Advocate (SR.No.27966) Crl.O.P.(MD).No.9934 of 2011 17.08.2011 Arul NSV/29.8.11/2P/5C https://hcservices.ecourts.gov.in/hcservices/