Madras High CourtCRL RC/439/2016allowed

Premkumar v. The State Rep By

2016-03-15Honourable Dr. Justice P. Devadass2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15.03.2016

CORAM:

THE HONOURABLE DR.JUSTICE P.DEVADASS Crl.R.C.No.439 of 2016 Premkumar .. Petitioner Vs.

The State, Rep. by its Inspector of Police, R-1, Mambalam Police Station (Crime), Chennai.

(Crime No.9 of 2015) .. Respondent Criminal Revision Case against the order dated 16.02.2015 made in Crl.M.P.No.97 of 2015 on the file of XVII Metropolitan Magistrate, Saidapet, Chennai.

For petitioner : Mr.S.Sugendran For respondent : Mr.V.Arul, Govt. Advocate (Crl. Side)

ORDER

Premkumar, who is the owner of the vehicle in Crime No.9 of 2015, has filed this Revision aggrieved by the dismissal of his return of property petition.

2. Heard both sides.

3. This case is covered by the decision of the Honourable Supreme Court in 2003 SCC (Cri) 1943 and 1440 (Sunderbhai Ambalal Desai case) and also the decision of this Court in Crl.R.C.No.158 of 2015, dated 02.03.2015 (V.Muralidharan Vs. State).

4. Hence, it is ordered as under:

(i) This Crl.R.C. is allowed.

(ii) XVII Metropolitan Magistrate, Saidapet, Chennai, shall give interim custody of Tata Indigo Car, bearing Registration No.TN-11-A-7428, to the petitioner.

(iii) The revision petitioner shall execute a personal bond for Rs.1 lakh (Rupees one lakh only) to the satisfaction of the said Magistrate.

(iv) A photograph of the said vehicle shall be taken at the cost of the revision petitioner and it shall be kept in the case records.

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(v) The revision petitioner shall produce the copy of the duplicate of RC book of the said vehicle.

(vi) The revision petitioner shall not in any way dispose of the said vehicle, nor alter its identity, until further orders to be passed by the trial Court.

Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar cs To

1. XVII Metropolitan Magistrate, Saidapet, Chennai-15.

2. Inspector of Police, R-1, Mambalam Police Station (Crime), Chennai.

3. The Public Prosecutor, High Court, Madras. +1cc to Mr.S. Sugendran, Advocate, S.R.No.16672 SVI(CO) EU(29/03/2016) Crl.R.C.No.439 of 2016 https://hcservices.ecourts.gov.in/hcservices/