Anushiya v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.02.2025

CORAM

THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR Anushiya ... Petitioner Vs.

The State of Tamil Nadu represented by the Inspector of Police, Alangulam Police Station, Tenkasi District.

(Crime No.353 of 2024) ... Respondent PRAYER : Criminal Revision Petition filed under Section 438 r/w 442 BNSS, to call for the records pertaining to impugned order dated 06.11.2024 in Cr.M.P.No.4477 of 2024 on the file of the learned Judicial Magistrate, Alangulam with respect to the condition No.(6), imposing production of original RC book alone and set aside the same by allowing this revision petition.

For Petitioner : Mr.A.Mohan For Respondent : Mr.B.Thanga Aravindh Government Advocate (Crl. Side) 1/6

ORDER

The Criminal Revision is directed against the order passed in Cr.M.P.No.4477 of 2024 dated 06.11.2024 on the file of the Judicial Magistrate, Alangulam, challenging the condition imposed, wherein, the learned Magistrate has directed the petitioner to produce the original RC book for the JCB vehicle bearing Registration No.TN-76-AP-2911.

2. It is evident from the records that the said vehicle came to be seized in connection with the case in Crime No.353 of 2023 on the file of the Alangulam Police Station for the offence under Section 303(2) BNS and the same was remanded to the concerned Court and came to be received in P.R.No.387 of 2024.

3. It is not in dispute that the petitioner has filed an application under Section 497 BNS seeking interim custody of the vehicle and the learned Magistrate has passed an order granting interim custody imposing certain conditions, which includes production of original RC book.

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4. The learned counsel appearing for the petitioner would submit that the vehicle was hired with a private finance company and the original RC book is available with them.

5. It is pertinent to note that the petitioner has no where whispered about the availability of the original RC book with the finance company before the learned Magistrate.

6. The learned counsel appearing for the petitioner would submit that the petitioner has not purposely suppressed the above facts. He would further submit that a sum Rs.8,70,000/- is still due to the finance company.

7. The learned Government Advocate (Criminal Side) appearing for the respondent would submit that they are having objections to release the vehicle, but not raised any specific or serious objection.

8. Considering the above facts and circumstances and also taking note of the fact that the learned Magistrate has granted interim custody, 3/6

this Court is inclined to modify the condition No.(6). Accordingly, the order of the learned Judicial Magistrate, Alangulam, made in Cr.M.P.No. 4477 of 2024, dated 06.11.2024 is modified in respect of the condition No.6 alone and it is modified to the effect that the petitioner is directed to produce the certified copy of the R.C. Book from the concerned finance company undertaking that the original R.C. Book is available with them and that they had knowledge about the pendency of the criminal case against the petitioner before the learned Judicial Magistrate, Alangulam. In respect of other conditions, the order of the learned Judicial Magistrate, Alangulam, shall remain unaltered.

9. With the above direction, this Criminal Revision Case is disposed of.

06.02.2025 NCC : Yes / No Index : Yes / No Internet : Yes / No csm 4/6

To 1.The Judicial Magistrate, Alangulam.

2.Do through the Chief Judicial Magistrate, Tenkasi.

3.The Inspector of Police, Alangulam Police Station, Tenkasi District.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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K.MURALI SHANKAR,J.

csm Order made in Dated: 06.02.2025 6/6