R. RAJESH Vs. STATE

JUDGEMENT

(1.) This petition has been filed to modify the condition imposed by the Learned Prinicpal District and Sessions Judge, Kancheepuram District at Chengalpattu on 20.11.2019 in Crl.M.P.No. 5942 of 2019 directing the petitioner to deposit a sum of Rs.50,000/- to the Jurisdictional Tahsildar to the credit of the District Mines and Minerals Foundation Trust as Non-refundable deposit.

(2.) Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondent.

(3.) The learned counsel for the petitioner has submitted that the petitioner's TATA 207 Van bearing Registration No.TN 10 P 1257 was seized by the respondent police for the alleged offence under Sections 430 and 379 of IPC r/w 21(1) M.M. (D&R) Act and produced before the District Munsif-cum-Judicial Magistrate, Thirukalukundram. He further submitted that in order to get interim custody of the said vehicle, the petitioner has filed Crl.M.P.No.5942 of 2019 on the file of the Principal District and Sessions Judge, Kancheepuram at Chengalpattu. He further submitted that the learned Principal District and Sessions Judge by the order dated 20.11.2019 has allowed the said petition by imposing certain conditions; one such condition is (Condition No.2) that the petitioner shall deposit a sum of Rs.50,000/-to the credit of the District Mines and Minerals Foundation Trust as Non-refundable deposit. He further submitted that the said vehicle is a small van and further before the trying the case, it would not be proper to direct the petitioner to deposit such a huge amount as non-reufndable deposit and therefore he requests to modify the said condition.