Mahalingam, M/A 57 Years, v. The State Rep By Its,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.06.2018

CORAM:

THE HONOURABLE MR. JUSTICE RMT.TEEKAA RAMAN Crl.R.C.No.639 of 2018 Mahalingam

...Petitioner

..Vs..

State rep by Sub-Inspector of Police, Ambur Taluk Police Station, Ambur, Vellore District (Crime No.130 of 2018)

...Respondent

PRAYER: Criminal Revision Petition filed under Section 397 read with 401 of the Criminal Procedure Code, to set aside the order passed by the learned Additional District Munsif cum Judicial Magistrate, Ambur, Vellore District in Crl.M.P.No.1247 of 2018, dated 14.05.2018.

For Petitioner : Mr.G.Vinodh Kumar For Respondent : Mr.R.Surya Prakash Government Advocate (Crl.Side)

O R D E R

Heard both sides and perused the records.

2. This revision is directed against the order dated 14.05.2018 passed in C.M.P.No.1247 of 2018 by the learned Additional District Munsif cum Judicial Magistrate, Ambur, Vellore District, whereby the petition to return of the interim custody of the vehicle under Section 451 Cr.P.C was dismissed.

3. After hearing both the parties, it is seen that the petitioner is A2 and according to the prosecution, the lorry was seized in the place of occurrence while loading of sand and when trying to arrest this petitioner has escaped from the scene of occurrence and subsequently to got Anticipatory Bail.

4. The learned counsel for the petitioner has produced the copy of R.C.Book to show the ownership. However, the same was not filed before the trial Court. It appears that before the trial Court, the respondent-police has stated no objection for handing over the interim custody of the vehicle to the petitioner as could be seen from the interim order.

5. Considering the facts and circumstances of the case, I am inclined to release the vehicle on the following conditions :- (i) The petitioner shall execute a bond for a sum of Rs.10,00,000/- (Rupees Ten Lakhs only) with two sureties each for a like sum to the satisfaction of the trial Court. (ii) The petitioner shall produce the vehicle as and when required by the Investigating Officer.

(iii) The petitioner should also produce the vehicle before the concerned Jurisdictional Magistrate once in 2 months till the filing of the charge sheet.

(iv) The petitioner shall not alienate the vehicle in any manner till the adjudication proceedings/trial is over. (v) The petitioner shall give an undertaking that he will not use the vehicle for any illegal activities in future and also to produce the vehicle as and when required by the respondent or the Investigating Officer.

(vi) The petitioner shall attend the enquiry, if any, that is being conducted by the respondent.

(vii) The respondent shall cause photographs of the vehicle to be taken and record panchanama thereof and the photograph taken shall be read as secondary evidence during trial and production of the vehicle shall be dispensed with. (viii) The petitioner shall produce the original R.C for verification before the trial Magistrate.

6. The above order is not passed in detriment to the ownership or other rights in respect of the vehicle in question.

7. Subject to the above conditions, this Criminal Revision Petition is allowed.

Sd/- Assistant Registrar(CS-IX) //True Copy// Sub Assistant Registrar nvi

To The Additional District Munsif cum Judicial Magistrate, Ambur, Vellore District.

+ 1 cc to Mr. G. Vinodh Kumar, Advocate Sr.41478 Crl.R.C.No.639 of 2018 KS(CO) EU(12/07/2018)