Ramesh vs The State Rep. By
2021 Latest Caselaw 3195 Mad

                                                                                Crl. R.C.(MD)No.38 of 2021

                              BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                     DATE : 10.02.2021

                                                          CORAM

                                 THE HONOURABLE MRS. JUSTICE R. THARANI

                                               Crl. R.C.(MD)No.38 of 2021

                   Ramesh                                                          .. Petitioner

                                                             Vs.
                   The State rep. by
                   The Sub-Inspector of Police,
                   Austinpatti Police Station,
                   Madurai District.
                   Cr No.280/2020                                                  .. Respondent
                   Prayer : This criminal revision case is filed under Section 397 r/w. Section
                   401 of Cr.P.C., to call for the records and to allow this Criminal Revision
                   petition by setting aside the order passed in Crl.M.P.No.1453 of 2020 by
                   the Judicial Magistrate, Thirumangalam, dated 09.12.2020.
                                    For Petitioner         : Mr.S.Sivaprakash

                                    For Respondent         : Mrs.S.Bharathi
                                                             Government Advocate

                                                          ORDER

This Criminal Revision Case has been filed to set aside the order

passed in Crl.M.P.No.1453 of 2020 by the Judicial Magistrate,

Thirumangalam, dated 09.12.2020.

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2.A vehicle viz., Yamaha Ray bearing Registration No.TN-59-BR-

7507 was seized by the respondent police in Crime No.280 of 2020, under

Sections 4(1)(a), 4(1)(i) of TNP Act. The petitioner claiming himself as the

owner of the vehicle filed a petition for return of the vehicle in Cr.M.P.No.

1453 of 2020 before the Judicial Magistrate, Thirumangalam. That petition

was dismissed by the Magistrate, on 09.12.2020. Against the same, the

petitioner preferred this Revision.

3.On the side of the revision petitioner, it is stated that the petitioner

is not an accused in the case. The petition was dismissed by the trial Court

only on the ground that confiscation proceeding was initiated. Even if the

confiscation proceedings are initiated, the vehicle can be returned to the

owner of the property and prayed the petition to be allowed.

4.In this regard, the learned counsel for the petitioner relied upon the

judgment of this Court passed in Crl.R.C.(MD)No.643 of 2019, dated

23.07.2019.

5.On the side of the respondent, it is stated that confiscation

proceeding was already initiated. If the vehicle is returned to the petitioner,

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the vehicle is being used for similar offence and prayed the petition to be

dismissed.

6.It is seen that the vehicle was seized by the respondent police on

25.05.2020 and the vehicle is in the custody of the police for the past nine

months. Keeping the vehicle idle for nine months, will make the vehicle

useless. Hence, this Court is inclined to allow the petition with certain

conditions.

7 Accordingly, this Criminal Revision Case is allowed and the order

dated 09.12.2020 in Crl.M.P.No.1453 of 2020, on the file of the Judicial

Magistrate, Thirumangalam, is hereby set aside and the vehicle / two

wheeler is ordered to be returned to the petitioner for interim custody

subject to the confiscation proceedings to be taken by the concern

Department or by the Court on the following conditions:-

(i) (i) The petitioner shall deposit the original

Registration Certificate of the vehicle before the

Judicial Magistrate, Thirumangalam;

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(ii)The petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties for a like sum to the satisfaction of the Judicial Magistrate, Thirumangalam;

(iii)The petitioner shall not alienate and shall not make any alterations in the vehicle;

(iv)The petitioner shall produce the vehicle

before the Court and before the respondent as and

when required, by the Court and by the respondent.

                                                                                    10.02.2021
                   Index       : Yes/No
                   Internet    : Yes/No
                   Ls

NOTE: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

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To

1.The Judicial Magistrate, Thirumangalam

2.The Sub-Inspector of Police, Austinpatti Police Station, Madurai District.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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R. THARANI, J.

Ls

Crl. R.C.(MD)No.38 of 2021

10.02.2021

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