1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.09.2011 CORAM THE HONOURABLE MS.JUSTICE R.MALA Crl.O.P.(MD).No.10825 of 2011 M.Sathish : Petitioner -Vs- State rep. by The Inspector of Police, B-1, Vilakkuthoon Police Station, Madurai, crime No.775 of 2011. : Respondent PRAYER: Petition is filed under Section 482 of the Code of Criminal Procedure praying to call for the records in Cr.M.P.No.6329 of 2011 dated 13.07.2011 in C.C.No.125 of 2011 on the file of the Judicial Magistrate No.1, Madurai to set aside the 3rd conditions imposed against the petitioner that the petitioner shall deposit immovable title deed to the value of Rs.50,000/- as security and consequently to release the TVS Star Sport bearing Registration No.TN 64 9758. For Petitioner : Mr.S.Muniyandi For Respondents : Mr.K.V.Rajarajan, Govt. Advocate (Criminal side) O R D E R This petition has been filed to call for the records in Cr.M.P.No.6329 of 2011 dated 13.07.2011 in C.C.No.125 of 2011 on the file of the Judicial Magistrate No.1, Madurai to set aside the 3rd conditions imposed against the petitioner the petitioner shall deposit immovable title deed to the value of Rs.50,000/- as security and consequently to release the TVS Star Sport bearing Registration No.TN 64 9758. 2.The learned counsel appearing for the petitioner would submit that the petitioner has filed a petition in Cr.M.P.No.6329 of 2011, before the learned Judicial Magistrate No.I, Madurai, under Section 451 Cr.P.C for interim custody of the vehicle viz., TVS Star Sport bearing Registration No.TN 64 9758 and the learned Judicial Magistrate concerned has ordered the petition on 13.07.2011 with certain conditions and the third condition is that the petitioner shall execute a bond for a sum of Rs.50,000/- with one surety for like sum and shall deposit a title deed of any of the immovable property to the value of Rs.50,000/- as security, so as to enable the Court to realise the value of bike is forfeited at trial and in case of failure to produce the vehicle. 3.The learned counsel appearing for the petitioner would further submit that the petitioner has not possessed any immovable property and he find very difficult to deposit the title deeds to the value of Rs.50,000/- and he is ready to execute a bond for a sum of Rs.50,000/- with one surety and hence, he prayed for the setting https://hcservices.ecourts.gov.in/hcservices/ 2 aside the third condition imposed against the petitioner. 4.Heard the learned Government Advocate (criminal side). 5.I have considered the submissions made by the learned counsel appearing for the petitioner as well as the Government Advocate (criminal side) and perused the materials available on record. 6.The vehicle TVS Star Sport bearing Registration No.TN 64 9758 has been involved in a case in crime No.775 of 2011 for the offence under Section 392 I.P.C. The petitioner, who is none other than the accused No.2 in the said case, alleged to be the owner of the vehicle, has come forward with an application before the trial Court under Section 451 Cr.P.C. for returning the vehicle and the trial Court has ordered for returning the vehicle to the petitioner by imposing certain conditions. Since the petitioner has not possessed any immovable property to deposit the title deed before the Court as per the condition No.3, he has come forward with the present application to set aside the condition No.3 imposed by the trial Court against the petitioner. 7.Considering the above said submissions, since the petitioner has not possessed any immovable properties, he is unable to produce the title deed to the value of Rs.50,000/-, it is a fit case to modify the third condition that instead of the petitioner shall deposit a title deed of any of the immovable property to the value of Rs.50,000/- as security, he is directed to deposit a sum of Rs.50,000/- (Rupees fifty thousand only) as security before the trial Court to the credit of crime No.775 of 2011 on the file of the respondent police. 8.With the above said modification, this criminal original petition is disposed of. Sd/- Assistant Registrar(A.S.) /True Copy/ Sub Assistant Registrar To 1.The Judicial Magistrate No.I, Madurai 2. The Inspector of Police, B-1, Vilakkuthoon Police Station, Madurai, 3.The Additional Public Prosecutor Madurai Bench of Madras High Court Madurai. order made in Crl.O.P.(MD).No.10825 of 2011 07.09.2011 ARUL SMA/20.9.2011/4C/2P https://hcservices.ecourts.gov.in/hcservices/