Venkataraman v. The Station House Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.06.2022 CORAM :

THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY Crl.R.C.No.311 of 2022 Venkataraman .. Petitioner Vs The State Rep. By The Station House Office, The Inspector of Police, Voimedu P.S.

Nagapattinam District.

(Crime No. 464/2021) .. Respondent Criminal Revision Case filed under Sections 397 7 401 of Cr.P.C, to set aside the order dated 01.02.2002 made in Crl.M.P.No. 188 of 2022 on the file of Principal District Sessions Court, Nagapattinam and return of the vehicle Hittachi Komatsu PC 130 (Serial No.12H 022691) For Petitioner : Ms.M.Santhanamari For Respondents : Mr.S.Vinoth Kumar Government Advocate (Criminal Side)

ORDER

1.

This revision is filed aggrieved by the order of Principal District and Sessions Judge, Nagapattinam vide order dated 01.02.2022 in Crl.M.P.No.188 of 2022 whereby the prayer for the petitioner for interim custody of the vehicle Hittachi Komatsu PC 130 was declined by the learned Magistrate on the ground that there is a possibility of the petitioner involving in the same offence.

2.

Learned counsel for the petitioner would submit that on the mere apprehension, the petition is dismissed. 3.

Per contra, learned Government Advocate (Criminal Side) would submit that this is a case where the petitioner and his vehicle was involved in the offence of savudu theft and therefore charged for the offence punishable under Section 379 IPC read with Section 21 (1) of Mines and Minerals, (Development

and Regulation) Act and therefore the trial Court has rightly rejected the prayer of the petitioner.

4.

I have considered the rival submissions made and also perused the material records of the case.

5.

I am of the view that on mere apprehension that the petitioner may involve in similar nature of offence, the interim custody cannot be refused as otherwise the vehicle would rot and get wasted and the apprehension can be taken care of by imposing of appropriate conditions. Therefore, the criminal revision is ordered on the following terms:

5.1 The order of learned Principal District and Sessions Judge, Nagapattinam dated 01.02.2022 is set aside. 5.2 The petitioner will be entitled for return of the vehicle Hittachi Komatsu PC 130.

5.3 The petitioner shall produce the original RC Book of the vehicle and other relevant records to prove his ownership and the learned Judge, on perusal of the RC book and other records, retaining the photocopy of the same, shall return the original documents to the petitioner with a view to use the vehicle.

5.4 The petitioner shall not alter or alienate the vehicle in any manner till adjudication is over.

5.5 The petitioner shall also 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 and by the Court below and as well as by the District Collector of the District or authorized officer in that behalf by the Government.

5.6 The petitioner shall participate in the confiscation proceedings, if any, initiated and shall produce the vehicle before the confiscating authority. This order is subject to the confiscation proceedings.

5.7 The petitioner shall not indulge in the similar offence either by using the present vehicle or any other vehicle. If the petitioner is found to be involved in any of similar offence in future either by way of using the present vehicle or through any other vehicle, this order of returning the present vehicle (Hittachi Komatsu PC 130), shall stand automatically vacated, and this vehicle will be again seized by the respondent/police and produced before the Court concerned.

6. The Criminal Revision Case is allowed accordingly. Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar ssm To

1. The Principal District Sessions Judge, The Principal District Sessions Court, Nagapattinam.

2. The Station House Office, The Inspector of Police, Voimedu P.S., Nagapattinam District.

3. The Public Prosecutor, High Court, Madras.

4. The Section Officer, Criminal Section (Records) High Court, Madras - 104.

+1cc to Ms.M.Santhanamari, Advocate, S.R.No.35665 Crl.R.C.No.311 of 2022 BR[co] NSK/24/06/2022