Perumal, Age 32 Years, v. The State Rep By Inspector Of

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.10.2016

CORAM:

THE HONOURABLE MR. JUSTICE S.VAIDYANATHAN CRL.R.C. No.1196 OF 2016 Perumal .. Petitioner Vs.

The State, rep. by Inspector of Police, PEW, Perambalur Police Station, Perambalur.

(Crime No.830/2014) .. Respondent Criminal Revision Case filed under Sections 397 and 401 Cr.P.C. against the order dated 08.08.2016 passed in Crl.M.P.No.5230 of 2016 on the file of the Judicial Magistrate, Perambalur.

For petitioner : Mr.A.Rajesh Kanna

ORDER

This Criminal Revision Case is filed against the order dated 08.08.2016 passed in Crl.M.P.No.5230 of 2016 on the file of the Judicial Magistrate, Perambalur.

2. The petitioner has filed Crl.M.P.No.5230 of 2016 before the Court below, seeking interim custody of the vehicle bearing Reg.No.TN-20-BL-0534. The learned Judicial Magistrate, Perambalur has passed the said order dated 08.08.2016, dismissing the petition in Crl.M.P.No.5230 of 2016, as the vehicle of the petitioner is involved in a case for the offences under Sections 4(1) (aaa), 4(1)(b), 4(1)(A), 7 of TNP Act and Rules 4, 6 and 7 TRNS Rules and Sections 379, 328, 420, 468, 472, 174, 176, 109 and 34 I.P.C.

3. Learned counsel for the petitioner submitted that the case is pending in P.R.C. stage and it is yet to be committed before the concerned Court. It is further submitted by the learned counsel for the petitioner that the respondent had secured the vehicle in question and produced the same before the Court below on 25.07.2016. Now, the vehicle in question, is kept in the safe custody of the respondent-Police.

4. Learned counsel for the petitioner further submitted that the petitioner is willing to comply with any conditions that may be imposed for interim custody of the vehicle. However, he requests two weeks' time to comply with the https://hcservices.ecourts.gov.in/hcservices/

conditions already imposed by the Court below.

5. Taking into consideration the above submissions of the learned counsel for the petitioner and taking into account the fact that the R.C. Book of the vehicle is with the petitioner and that the vehicle is in the safe custody of the respondentPolice, this Court directs the petitioner to produce the original R.C. Book of the vehicle before the learned Judicial Magistrate, Perambalur and on such production, the learned Judicial Magistrate, Perambalur shall order return of the vehicle to the petitioner, on or before 25.10.2016. The petitioner shall produce the vehicle as and when required for interrogation by the Police and as and when required by the Court below, till the disposal of the case. The petitioner shall not encumber the vehicle till the disposal of the case.

6. Since the case is in P.R.C stage, the Court below is directed to commit the case to the concerned Court, at the earliest and the concerned Court to which the case will be committed, shall take up the case for hearing and shall not adjourn the case beyond ten working days at any point of time and dispose of the case in accordance with law, expeditiously.

7. With the above directions, this Crl.R.C. is disposed of.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar aeb/cs Copy to

1. The Judicial Magistrate, Perambalur.

2. Inspector of Police, PEW, Perambalur Police Station, Perambalur. (Crime No.830/2014)

3. The Public Prosecutor, High Court, Madras. 1 cc to M/s.A.Rajeshkanna, Advocate, sr.58243 Crl.R.C.No.1196 of 2016 mv co kra 17.10.2016 https://hcservices.ecourts.gov.in/hcservices/