Madras High CourtCRL RC/586/2016disposed of

Murugan v. State Rep By

2016-04-05Honourable Dr. Justice P. Devadass2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.04.2016

CORAM

THE HONOURABLE DR.JUSTICE P.DEVADASS CRL.R.C.No.586 of 2016 Murugan ... Revision Petitioner/ Petitioner Vs.

State by :

The Inspector of Police, Sadras Police Station, Kancheepuram District.

(Cr.No.302 of 2015) ... Respondent/Complainant Criminal Revision Case filed under Sections 397 and 401 of the Code of Criminal Procedure to set aside the impugned Order in Crl.M.P.No.5944 of 2015 dated 30.11.2015 on the file of the District Munsif-cum-Judicial Magistrate, Tirukazhukundaram, Kancheepuram District dismissing the petition to return the vehicle of Honda Shina Motor Cycle bearing Registration No.TN19-M-5953 to the petitioner. For Petitioner : Mr.R.Sasikumar For respondent : V.Arul Government Advocate (Crl. Side)

O R D E R

The petitioner/accused aggrieved by the dismissal of his return of property petition in Crl.M.P.No.5944 of 2015 filed under section 451 Cr.P.C., by the learned District Munsif-cumJudicial Magistrate, Tirukazhukundaram, Kancheepuram District has directed this revision.

2.Heard both sides.

3. The reasons given by the learned Judicial Magistrate to the petitioner that the motor bike is involved in a murder case and if it is returned to the accused he will escape, are unsustainable.

4. This matter is squarely covered by the Sunderbhai Ambalal Desai vs. State of Gujarat (2002 (10) SCC 290). https://hcservices.ecourts.gov.in/hcservices/

5. In the circumstances, ordered as under:

(i) The impugned order of the learned Additional District Munsif-Judicial Magistrate, Tirukazhukundaram, Kancheepuram District passed in Crl.M.P.No.5944 of 2015, dated 30.12.2015 is set aside.

(ii The learned Magistrate will give interim custody of the motor bike Honda Shina Motor Cycle bearing Registration No.TN-19-M-5953 to the petitioner.

(iii) A photograph of the bike shall be taken and should be placed with the case records.

(iv) A personal bond for Rs.50,000/- (Rupees Fifty Thousand only) to the satisfaction of the said Magistrate shall be executed.

(v) He also give an undertaking affidavit that he shall not dispose of the said vehicle in any way until further orders of the Court.

(vi) In the R.C.Book of the vehicle an entry should be made that it is involved in Crime No.302 of 2015. And the Original R.C.Book shall be returned back to the petitioner.

5. Accordingly, this Criminal Revision is disposed of.

Sd/- Asst.Registrar (CO) /true copy/ Sub Asst. Registrar smi To,

1. The District Munsif-cum-Judicial Magistrate, Tirukazhukundaram, Kancheepuram District.

2. The Inspector of Police, Sadras Police Station, Kancheepuram District. 3.The Public Prosecutor, High Court, Madras.

1 cc to Mr.R. Sasikumar, Advocate, Sr. 21594 Crl.R.C.No.586 of 2016 BVR (CO) kk 15/4 https://hcservices.ecourts.gov.in/hcservices/