T.Sarathkumar, Aged 26 Years, v. State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.04.2017

CORAM

THE HONOURABLE MR. JUSTICE V. BHARATHIDASAN Crl.R.C.No.662 of 2017 T. SarathKumar Rep. by his authorized Power Agent Tmt. Kanchana .... Petitioner/Vehicle Owner

Versus

1. State rep. by the Inspector of Police, B1-Dharmapuri Police Station, Dharmapuri District, Crime No.323 of 2016.

2. State rep. by the Inspector of Police, Karur Town Police Station, Karur District, Crime No.258 of 2016.

... Respondents/Complainants Prayer:

Criminal Revision Case filed under section 397 and 401 of the Criminal Procedure Code, praying to set aside the order passed by the Judicial Magistrate No.I, Dharmapuri in Crl.M.P.No.1137 of 2017 dated 20.04.2017 and further direct to return back the Hyundai i20 Black Color Car bearing Registration No.TN22-BT-0448, Chasis No.MALBB51SR9M110364 Engine No.D4FC9U804870 which was recovered in Crime No.323 of 2016 pending on the file of the Inspector of Police, B1-Dharmapuri Police Station, Dharmapuri District and produced in the concerned court as property number CP No.78 of 2016. For Petitioner :

Mr.K.Raghupathy For Respondents :

Mr.R. Ravichandran Government Advocate (Crl. Side)

O R D E R

Challenging the order dismissing the petitioner's application in Crl.M.P.No.1137 of 2017 dated 20.04.2017 by the Judicial Magistrate No.I, Dharmapur, the present revision has been filed.

2. The petitioner is the owner of the Hyundai i20 Black Color Car bearing Registration No.TN22-BT-0448. The above vehicle was stolen on 18.03.2016 and subsequently a complaint was given by the petitioner's relative. Based on the complaint, a crime case was registered by the Inspector of Police, Karur Town Police Station in Crime No.258 of 2016 . Thereafter, the vehicle was seized by the first respondent police in another case in crime 323 of 2016. After came to know about the same, the petitioner through his Power of attorney, his mother, filed a petition seeking return of the vehicle before the Judicial Magistrate No.I, Dharmapuri. The court below, by an order dated 20.04.2017, dismissed the said petition. Challenging the same, the present revision has been filed.

3. There is no dispute that the car belongs to the petitioner. Since the petitioner is away in United States of America, he filed the petition through his Power of Attorneymother and the said application was dismissed only on technical grounds. In the above circumstances, since the Power of Attorney being the mother of the petitioner, there cannot be any impediment to return the vehicle to her.

4. In the above circumstances, the impugned order passed by the court below is set aside and the court below is directed to return the vehicle bearing Registration No.TN22-BT0448 Hyundai i20 Black Color Car to the petitioner's mother, his Power of Attorney, on complying the following conditions: a)the petitioner shall prove the ownership of the vehicle by producing the R.C. Book and other relevant records;

b)the petitioner shall not alienate or alter the vehicle in any manner;

c)the petitioner through his power of attorney shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only), to the satisfaction of learned Judicial Magistrate No.I, Dharmapuri; and d)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 police.

5. The Criminal Revision Case is disposed of with the above direction.

Sd/- Asst.Registrar (CCC) /true copy/ Sub Asst. Registrar

mrp To

1. The learned Judicial Magistrate No.I, Dharmapuri.

2. -do- thro the Chief Judicial Magistrate, Dharmapuri.

3. The Inspector of Police, B1-Dharmapuri Police Station, Dharmapuri District.

4. The Inspector of Police, Karur Town Police Station, Karur District.

5. The Public Prosecutor, High Court, Madras.

+1cc to Mr.K. Raghupathy, Advocate Sr. 26058 Crl.R.C.No.662 of 2017 RSY(CO) VR(9/5/2017)