S.Jayalakshmi v. Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.07.2024

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI S.Jayalakshmi ... Petitioner Vs.

The State, Represented by the Inspector of Police, P-5, MKB Nagar Police Station, Chennai.

(Crime No.354 of 2023) ... Respondent PRAYER : Criminal Revision Petition filed under Section 397 r/w 401 of Cr.P.C., to set aside the order in Crl.M.P.No.45922 of 2022, dated 16.10.2023 passed by the learned X Metropolitan Magistrate Court, Egmore, Chennai.

For Petitioner :

Mr.S.Lokesh For Respondent :

Mr.A.Gopinath Government Advocate (Crl.Side)

O R D E R

The criminal revision is filed, challenging the order, dated 16.10.2023 passed in Crl.M.P.No.45922 of 2023 by the learned X Metropolitan Magistrate Court, Egmore, Chennai.

2. The revision petitioner filed a petition in Crl.M.P.No.45922 of 2023 under Section 451 of Cr.P.C., seeking interim custody of the vehicle viz., Yamaha MT 15 bike bearing Registration No.TN-05-CL-7014. The said petition was dismissed by the learned X Metropolitan Magistrate Court, Egmore, Chennai on 16.10.2023. Aggrieved over the said order, the criminal revision is preferred by the revision petitioner.

3. The learned counsel for the petitioner contended that the petitioner is the owner of the vehicle viz., Yamaha MT 15 bike bearing Reg.No.TN-05-CL-7014 which was misused by her son for having stolen mobile phone from one Sakthivel and for the said incident, the petitioner's

son was arrested and the vehicle of the petitioner was seized by the respondent Police relating to the case in Crime No.354 of 2023 for the alleged offence punishable under Section 379 of IPC. The said vehicle is kept in the custody of Police in open space in the Police Station. If the vehicle is kept in an open space, the value of the same will diminish over the period of time. Therefore, he prayed for return of the vehicle.

4. Mr.A.Gopinath, learned Government Advocate (Crl.Side) appearing for the respondent did not raise any serious objection to return the vehicle to the present petitioner.

5. At this juncture, it is relevant to refer a decision of the Hon'ble Supreme Court in Sunderbhai Ambalal Desai and others Vs. State of Gujarat in Special Lave Petition (Crl.)2745 of 2022 dated 01.10.2002, wherein, the relevant portion is extracted hereunder. "In our view, whatever be the situation, it is of no use to keep such seized vehicles at the police stations for a long period. It is for the Magistrate to pass

appropriate orders immediately by taking appropriate bond and guarantee as well as security for return of the said vehicles, if required at any point of time. This can be done pending hearing of applications for return of such vehicles.

In case where the vehicle is not claimed by the accused, owner, or the insurance company or by third person, then such vehicle may be ordered to be auctioned by the Court. If the said vehicle is insured with the insurance company, then insurance company be informed by the Court to take possession of the vehicle, which is not claimed by the owner or a third person. If insurance company fails to take possession the vehicles may be sold as per the direction of the Court. The Court would pass such order within a period of six months from the date of production of the said vehicle before the Court. In any case, before handing over possession of such vehicles, appropriate photographs of the said vehicle should be taken and detailed panchanama should be prepared."

6. Considering the fact that keeping the vehicle idle in an open

space, would diminish the value of the vehicle over a period of time and considering the dictum laid down by the Hon'ble Supreme Court, this Court is inclined to allow the revision petition.

7. Accordingly, this Criminal Revision Case is allowed and the impugned order in Crl.M.P.No.45922 of 2023 dated 16.10.2023 passed by the learned X Metropolitan Magistrate Court, Egmore, Chennai, is set aside and the vehicle shall be returned to the petitioner on the following conditions:

i. the petitioner shall prove his ownership of the vehicle by producing the R.C.Book and other relevant records; ii. the petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) before the trial Court. iii. the Court may prepare a panchanama in Judicial Form No.82 with regard to the vehicle bearing Registration No.TN-05-CL-7014 and such panchanama can be used in evidence.

iv. the petitioner shall take photograph of the vehicle bearing Registration No.TN-05-CL-7014 and certify the same under Section 65B of the Central Act 1 of 1972 and such photographs may be used as secondary evidence.

v. the petitioner shall not alienate or encumber the vehicle in any manner;

vi. the petitioner shall give an undertaking that she will not use the vehicle for any illegal activities in future, vii. the petitioner shall also produce the vehicle as and when required before the Court below and before the respondent Police.

01.07.2024 NCC : Yes / No Index : Yes / No Speaking Order : Yes / No vji

Note: Issue order copy by 02.07.2024.

To 1 The X Metropolitan Magistrate Court, Egmore, Chennai.

2. The Inspector of Police, P-5, MKB Nagar Police Station, Chennai.

M.DHANDAPANI, J.

vji 01.07.2024