1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.02.2011 CORAM: THE HONOURABLE Mr.JUSTICE C.T.SELVAM Crl.R.C.(MD)No.112 of 2011 Poongundran @ Boopathy .. Petitioner/Owner/Accused Vs. State Rep. by The Sub Inspector of Police, Valanadu Police Station, Trichy District. (Crime No.126/2010) .. Respondent/Complainant Prayer : Criminal revision Petition filed under Section 397 and 401 Cr.P.C., to call for the records in Cr.M.P.No.6045 of 2010 dated 11.01.2011 passed by the learned Judicial Magistrate, Manaparai and set aside the same. For Petitioner : Mr.A.K.Azhagarsami For respondent : Mr.R.M.Anbunithi Govt. Advocate (Crl. Side) O R D E R This revision arises against the order passed by the learned Judicial Magistrate, Manaparai, in Cr.M.P.No.6045 of 2010 dated 11.01.2011. 2. The petitioner is the first accused in a case pending investigation in Crime No.126 of 2010 on the file of the respondent. 3. Learned Government Advocate (Crl. Side) takes notice. 4. In the case, the petitioner and one another stand accused of offence under Section 392 and 397 IPC in that, they snatched a chain of seven sovereigns. The petitioner had moved the lower Court for return of his motor cycle bearing Registration No.TN63K.8933 (TVS Apache) in Crl.M.P.No.6045 of 2010. The learned Judicial Magistrate, Manaparai was pleased to allow such petition interalia on condition that the petitioner shall furnish surety by way of immovable property belonging to him for value of Rs.60,000/- as also a surety in the said sum. This revision is preferred informing that the condition imposed requiring security of immovable property is onerous. 5. Heard learned counsel for the petitioner and the learned Government Advocate (Crl. Side). https://hcservices.ecourts.gov.in/hcservices/ 2 6. Learned Government Advocate (crl. Side) would submit that the petitioner is involved in another similar case within the jurisdiction of a different police station. Counsel for the petitioner informs that the petitioner undertakes to pay a sum of Rs.30,000/- in lieu of the condition informed here in above. 7. Considering the rival submissions, this Court is inclined to direct that the condition in the order of the lower Court in Crl.M.P.No.6045 of 2010 dated 11.01.2011 requiring the petitioner to furnish surety by way of immovable property belonging to him for a value of Rs.60,000/- shall be deleted and instead thereof, the petitioner shall deposit a sum of Rs.30,000/- to the credit of Crime N0.126 of 2010 before the learned Judicial Magistrate, Manaparai. The requirement regards bonds to be executed by the petitioner and surety shall be in a sum of Rs.20,000/- each. The order of the lower Court in all other aspects shall prevail. This petition is disposed of accordingly. Sd/- Assistant Registrar(CO) /True Copy/ Sub Assistant Registrar To 1.The Judicial Magistrate, Manaparai. 2.The Sub Inspector of Police, Valanadu Police Station, Trichy District. 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. Vsm ssk/17.03.2011 /4c -2p/- Crl.R.C.(MD)No.112 of 2011 15.02.2011 https://hcservices.ecourts.gov.in/hcservices/