Crl.OP.No.
15874 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 25.07.2024
CORAM
THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN
Crl.OP.No.15874 of 2024
Naresh Kumar ... Petitioner
Vs.
The State Rep., by
Inspector of Police,
Salem Steel Plant,
Salem District. ... Respondent
Cr.No.603 of 2023
Prayer: Criminal Original Petition is filed under Section 482 of Criminal
Procedure Code, to modify the condition that “ 2. For due observation of
above conditions petitioner shall execute a bond for Rs.2,00,000/- with
two sureties for like sum” imposed in the order dated 12.06.2024 made in
Crl.MP.No.1634 of 2024 by the learned Judicial Magistrate-I, Salem.
For Petitioner : Mr. C.Harish
For Respondents : Mr.K.M.D.Muhilan
Government Advocate (Crl.Side)
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Crl.OP.No.15874 of 2024
ORDER
The petitioner herein seeks modification of the condition imposed
by the Court below while allowing the application under Section 451 of
Cr.P.C to return the Innova Car which is involved in the crime of cheating
in subject matter of Cr.No.603 of 2023 on the file of Steel Plant Police
Station, Salem.
2. The learned counsel for the petitioner submits that since the trial
Court insists upon solvency of the surety which is onerous condition as
far as the petitioner is concerned, seeks modification.
3. The impugned order passed by the trial Court while considering
the application filed under Sections 451 and 457 of Cr.P.C imposed the
following conditions:
“1. Petitioner shall produce the property as and when
required by this Court or superior Courts.
2. For due observation of above conditions petitioner
shall execute a bond for Rs.2,00,000/- with two sureties for
like sum.
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Crl.OP.No.15874 of 2024
3. Petitioner shall take colour photograph of the
property and file the Original R.C.Book and print in the Court
(Original R.C.Book and one print to Court, one to concern
police C.D File and one to the petitioner). On the reverse side
of the photographs petitioner shall make an endorsement to
the effect that property in the photograph is that of case
property and petitioner will not dispute the identity of
property in the photograph at the time of trial. The Head
Clerk of this Court shall attest the photograph to the effect
that the image in the photograph is that of the case
property”.
4. This Court heard a case on earlier to decide the similar issue in
which, the Court after hearing the learned Government Advocate
(Crl.Side) has passed the following order in Crl.OP.No.14242 of 2024
dated 26.04.2024.
“ 3. The learned Government Advocate (Crl.Side)
appearing for the respondent police states that the
bond/solvency certificate will arise in the case of bail.
Criminal Rules of Practice, 2019, under Chapter III speaks
about the bail and surety, in which, there is a provision under
Rule 14(4) that if the amount of bond exceeds Rs.15,000/- the
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Crl.OP.No.15874 of 2024
Head Ministerial Officer should check proof and submit the
report to the Magistrate regarding the solvency. This condition
may not apply to the return of property pending enquiry as
contemplated under Rule 257 of Criminal Rules of Practice
which falls under chapter XXXII. Further, submit that Form 50
to the Criminal Rules of Practice provides the format of the
bond to be executed by the petitioner and the surety and in
that format also there is no indication that the bond amount
should be supported by solvency certificate.
4. This Court on perusing the above and provision and
on perusing the order passed by the Court below under Section
451 Cr.P.C finds that there is no mandate in the said order
directing the petitioner herein to furnish solvency to an extent
of Rs.1,20,000/-. Mere execution of bond as per the format
found in Form 50 is sufficient. Hence, the petitioner's
apprehension is hereby dispelled by this clarification
regarding the allegations that the condition is very stringent
and exorbitant.
The same analogy is applied to the present case also. Therefore, taking
note of the observations made by this Court and extracted above,the trial
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Crl.OP.No.15874 of 2024
Court shall accept the bond without insisting of solvency certificate and
test the sureties in accordance with law and proceed further.
5. With the above observation, this Criminal Original petition is
disposed of.
25.07.2024
Vv
To
1.The Inspector of Police,
Salem Steel Plant,
Salem District.
2.The Public Prosecutor,
High Court of Madras.
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Crl.OP.No.15874 of 2024
Dr.G.JAYACHANDRAN,J.
Vv
Crl. O.P. No.15874 of 2024
25.07.2024
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