Madras High CourtCRL MP/16380/2024modified

K.Rajalakshmi v. State Rep By

2025-02-17Honourable Mrs Justice R. Hemalatha4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17.02.2025

CORAM:

THE HONOURABLE MRS.JUSTICE R. HEMALATHA Rajalakshmi ... Petitioner ..Vs..

The State represented by The Inspector of Police, Brammadesam Police Station, Villupuram.

... Respondent PRAYER : Criminal Miscellaneous Petition filed under Section 528 of BNSS Act, 2023 to modify and alter the conditions imposed in Crl.R.C.No.1498/2023 dated 29.08.2023 to provide custody of the RC book of the Tara Lorry bearing Registration Number TN 16 F 1716 to the petitioner.

For Petitioner : Mr.R.C.Paulkanagaraj For Respondent : Mr.V.Meganathan Government Advocate

ORDER

This Court vide orders dated 29.08.2023 in Crl.R.C.No.1498 of 2023 had imposed the following conditions :

i. "The petitioner shall prove her ownership of the vehicle by producing R.C.Book and other relevant records; ii. The R.C.Book shall be deposited in the Court and the Court shall issue a certificate in this regard.

iii. The petitioner shall execute a bond for a sum of Rs.2,00,000/- (Rupees Two lakhs Only) before the trial Court. iv. The Court may prepare a panchanama in Judicial Form No.82 with regard to the vehicle bearing Registration No. TN-16-F1716 and such panchanama can be used in evidence. v. The Court shall take photograph of the vehicle bearing Registration No. TN-16-F-1716 and certify the same under Section 65B of the Central Act 1 of 1972 and such photographs may be used as secondary evidence.

vi. The petitioner shall not alienate or encumber the vehicle in any manner whatsoever;

vii.The petitioner shall give an undertaking that she would not use the vehicle for any illegal activities in future; and viii.The petitioner shall also produce the vehicle as and when required by the court below and by the respondent police."

2. The present petition is filed seeking to return the RC book for the purpose of renewing the fitness certificate and payment of Annual Tax for the seized Taras Lorry bearing Registration Number TN 16 F 1716.

3. The petitioner can file an appropriate application before the trial court to get the RC book back for the purpose of renewing the fitness certificate. The trial court on receipt of such an application shall pass orders on merits.

With the above observation, the present petition is disposed of. 17.02.2025 Index: Yes/No Speaking/Non-Speaking order mtl

R. HEMALATHA, J.

mtl To The State represented by The Inspector of Police, Brammadesam Police Station, Villupuram.

17.02.2025