Chinnapillai@Arthamudiyan v. State Rep By

IN THE HIGH COURT OF JUDICIATURE AT MADRAS

DATED: 15.03.2022 CORAM :

THE HONOURABLE MR.JUSTICE R.PONGIAPPAN Crl.R.C.No.195 of 2022 Chinnapillai @ Arthamudiyan ... Revision Petitioner versus State represented by Forest Range Officer, Gingee Forest Range, W.L.O.R. No.1 of 2020.

... Respondents Prayer: Criminal Revision filed under Section 397 r/w.Section 401 of Code of Criminal Procedure, to set aside the order dated 04.03.2020 made in C.M.P.No.162 of 2020 on the file of the Judicial Magistrate Court, Gingee, Villupuram District and to allow the above Criminal Revision petition by returning the licensed gun to the petitioner.

ForPetitioner:Mr.R.MuthuRamananand for M/s.C.Prabakaran For Respondent:Mr.Leonard Arul Joseph Selvam Government Advocate (Crl. Side)

O R D E R

Being dissatisfied with the order dated 04.03.2020 made in C.M.P.No.162 of 2020 passed by the learned Judicial Magistrate, Gingee, Villupuram District, the petitioner, who is the third party to the case, has preferred this revision for setting aside the impugned order dated 04.03.2020 and prayed for the custody of the Country Gun, which was now in the custody of learned Judicial Magistrate, Gingee.

2. The petitioner is belonging to the Narikuravar Community and he is holding a licensed Country Gun. During the relevant point of time, his relatives, namely, Muthu and Anandhan, without his knowledge and without getting any permission from him, had taken away his licensed Country Gun and hunted the wild birds and therefore, the petition mentioned country gun was

seized by the respondent police and a case has been registered in W.L.O.R.No.1 of 2020.

3. The learned counsel appearing for the petitioner would submit that the petitioner is an innocent person and he is not an accused in this case. Further, he would submit that the petitioner used the Country Gun only in the necessary occasions. Without his knowledge, the accused in the alleged occurrence had taken away the Country Gun and committed an offence, therefore, the petitioner is no way responsible to the alleged occurrence as stated by the respondent Police.

4. The learned Government Advocate (Crl. Side) appearing for the respondent police has no objection in handing over the recovered Country Gun to the petitioner.

5. Heard the learned counsel appearing on either and perused the materials available on record.

6. Now on considering the submissions made by the learned counsel appearing on either side, the petitioner is having license to hold the Country Gun. In order to substantiate the same, the petitioner has produced the copy of the license issued by the District Revenue Officer, Villupuram. It is also admitted by the learned Government Advocate appearing for the respondent police that the petitioner is not an accused in the alleged offence.

7. Taking into consideration the fact that the learned Government Advocate (Criminal Side) is not having any objection to return the Country Gun to the petitioner and the petitioner, who has filed this revision is not arrayed as an accused in the above case, this Court is of the opinion that the interim custody of the Country Gun may be handed over to the petitioner subject to imposition of conditions.

8. Accordingly, the Criminal Revision is allowed and the impugned order, dismissing the petition filed for return of Country Gun in C.M.P.No.162 of 2020 dated 04.03.2020 passed by the learned Judicial Magistrate, Gingee, Villupuram District, is hereby set aside and that the interim custody of the Country Gun in question, shall be handed over to the petitioner, subject to the following conditions:

i) The petitioner shall execute a bond for a sum of Rs.50,000/- with two sureties for a like sum

to the satisfaction of the learned Judicial Magistrate, Gingee, Villupuram District.

ii) The petitioner shall produce the Original License of the Country Gun in question before the learned Judicial Magistrate, Gingee, Villupuram District and file an affidavit of undertaking that he will not dispose the Country Gun and that he will produce the Country Gun before the said Court as and when required by the Trial Court or the Investigating Agency.

iii) The License of the Country Gun shall be retained by the Trial Court till the disposal of the trial or until further orders from this Court. With the above directions, the Criminal Revision Petition is allowed.

SD/- ASSISTANT REGISTRAR // TRUE COPY // SUB ASSISTANT REGISTRAR rsi To 1.The Judicial Magistrate, Gingee, Villupuram District.

2.-Do- Thro The Chief Judicial Magistrate, Villupuram.

3.The Forest Range Officer, Gingee Forest Range, Villupuram Disrict.

4.The Public Prosecutor, High Court, Madras.

Copy to The Section Officer, Criminal Section, High Court, Madras.

+1cc to Mr.C.Prabakaran, Advocate Sr.17350 Crl.R.C.No.195 of 2022 gpl[co] srg 11/04/2022