IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.02.2022

CORAM :

THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA

Crl.O.P.No.3227 of 2022

Suresh

... Petitioner

Vs.

The Inspector of Police,

Bargur Police Station,

Krishnagiri District.

(Crime No.630 of 2020)

... Respondent/Complainant

PRAYER: This Criminal Original Petition is filed under Section

482 of the Criminal Procedure Code, pleased to set aside the

returned docket order dated 06.10.2021 in Cr.M.P.Sr.No.8680 of

2021 in Cr.M.P.No.508 of 2021 on the file of the Principal

Sessions Judge, Krishnagiri and extend the time for depositing a

sum of Rs.10,000/- to the credit of the Chief Educational

Officer, Krishnagiri as imposed in Crl.M.P.No.508 of 2021 dated

30.04.2021 on the file of the Principal Sessions Judge,

Krishnagiri (respondent police station Cr.No.630/2020).

For Petitioner : Mr.V.Elangovan

For Respondent : Mr.A.Gokulakrishnan

Additional Public Prosecutor

O R D E R

This petition has been filed to set aside the docket order

dated 06.10.2021 in Cr.M.P.Sr.No.8680 of 2021 in Cr.M.P.No.508

of 2021 on the file of the Principal Sessions Judge, Krishnagiri.

2.The learned counsel for the petitioner would submit that

the petitioner is the owner of Tractor bearing Registration

No.TN-20-CB-2397 which was seized by the respondent in

connection with Cr.No.630 of 2020. The petitioner had filed a

petition under Section 451 of Cr.P.C., seeking to return the

interim custody of the vehicle and the learned Principal

Sessions Judge, Krishnagiri by an order dated 30.04.2021 made in

Crl.M.P.No.508 of 2021 directed the interim custody of vehicle

on condition that the petitioner to deposit a sum of Rs.10,000/-

to the credit of the Chief Educational Officer, Krishnagiri on

or before 13.05.2021, as non-refundable desposit and to produce

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the payment Challan before the Judicial Magistrate I,

Krishnagiri.

3.The learned counsel for the petitioner would submit that

the petitioner was affected with Chronic Obstractive Pulmonary

disease and his sintromes are affected. Thereby, he was unable

to communicate with his lawyer and not paid the conditional

amount within time. Thereafter, the petitioner had filed a

petition seeking for extension of time. However, the Trial

Court had returned the petition stating that the petition

seeking for extension of time as not maintanable. He would

submit that the petitioner is ready to deposit the amount and

the vehicle is still in custody of the respondent/police.

4.The learned Additional Public Prosecutor would submit that

the learned Principal Sessions Judge ordered directing the

petitioner to deposit a sum of Rs.10,000/- as non-refundable

deposit to the Chief Educational Officer, Krishnagiri on or

before 13.05.2021. However, the petitioner did not comply with

the condition within time.

5.Heard the learned counsel for the petitioner and the

learned Additional Public Prosecutor for the respondent and

perused the materials available on record.

6.The petitioner due to his illness, was unable to pay the

amount within time and as on date the vehicle is still in the

custody of the respondent/police.

7.In view of the above, this Court by invoking section 482

Cr.PC extends the time granted in condition No.1 in

Crl.MP.No.508 of 2021, dated 03.04.2021 on the file of the

learned Principal Sessions Judge, Krishnagiri by further period

of two weeks from the date of receipt of a copy of this order.

The other conditions imposed by the Trial Court shall remains

unaltered.

8.With the above directions, this Criminal Original Petition

is allowed.

Sd/-

Assistant Registrar(CCC)

//True Copy//

Sub Assistant Registrar

jas/tsh

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To

1. The Principal