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Madras High CourtCRL RC(MD)/1052/2023partly allowed

Rejish Kumar v. The Sub Inspector Of Police

2023-10-11Honourable Mr Justice K.K. Ramakrishnan9 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Reserved On 21.09.2023 Pronounced On 11.10.2023

CORAM

THE HONOURABLE MR.JUSTICE K.K.RAMAKRISHNAN Crl.RC(MD).No.1052 of 2023 Rajish Kumar ... Petitioner Vs.

The State rep through The Sub- Inspector of Police, Puthukadai Police Sation, Kanyakumari District Crime No.62 of 2023 ... Respondent PRAYER: Criminal Revision Case filed under Section 397 r/w 401 of Criminal Procedure Code, to set aside the impugned condition No.1 dated 03.07.2023 in Cr.M.P.No.3367 of 2023 on the file of the learned Principal Sessions Judge, Nagercoil, Kanniyakumari District and to direct the respondent to return the petitioner's vehicle namely TATA Tipper bearing registration Number TN-75-F-3556 to the petitioner.

For Petitioner : Ms.D.Ramya For Respondent : Mr.T.Senthil Kumar Additional Public Prosecutor

ORDER

This Criminal Revision Case has been filed against the condition No.1 imposed on the petitioner in Crl.M.P.No.3367 of 2023 dated 03.07.2023, by the learned Principal Sessions Judge, Nagercoil, Kaniyakumari District.

2. The petitioner is the owner of the TATA Motors Tipper Tempo bearing Registration No.TN-75-F-3556. According to the petitioner, the petitioner's vehicle is said to have been involved for the offence under Sections 379 of IPC .

3. Pending investigation, the petitioner filed Crl.M.P.No.3367 of 2023, on the file of the learned Principal Sessions Judge, Nagercoil, Kanyakumari District, under Section 451 of Criminal Procedure Code 1973,

to return the vehicle for interim custody.

4. The learned Principal Sessions Judge, Nagercoil, Kanniyakumari District, allowed the petition filed by the petitioner with the following conditions:

(i)The petitioner shall deposit a sum of Rs.

1,00,000/- before the Judicial Magistrate No-II, Kuzhithurai.

(ii)The petitioner sahll produce the original R.C.Book and photograph of the vehicle before the Judicial Magistrate No-II, Kuzhithurai (iii)The petitioner shall produce the vehicle before the Court as an when required.

(iv)The petitioner should not alter the nature of the vehicle without any permission of this Court.

(v)The petitioner shall not alienate the vehicle in any manner, (vi)The petitioner shall give an undertaking that he will not use the vehicle for any other illegal activities in future.

(vii)The petitioner shall produce the vehicle before the judicial magistrate No-II, Kuzhithurai on first working day of every month at 10.30 a.m until further otder Challenging the first condition imposed on the petitioner in Crl.M.P.No.

3367 of 2023, by the learned Principal Sessions Judge, Nagercoil, Kanniyakumati the petitioner has filed this Criminal Revision Case. 5.The learned counsel for the petitioner submitted that the condition imposed on the petitioner to deposit a sum of Rs.1,00,000/- is onerous and he is ready and willing to deposit a sum of Rs.25,000/-. He would further submit that the petitioner also undertakes to execute bond to the value of Rs.1,00,000/-. Hence, he seeks to allow this case.

6. The learned Additional Public Prosecutor submitted that for the eight years, totally 63,542 vehicles are involved in the illegal mining and transportation of the minerals. Due to the incompetency of the investigating agency, the confiscation proceedings has not be initiated. Since, the Hon'ble Full Bench, held that the investigating agency has also power to initiate complaint under Section 21 of the MMDR Act, now the investigating agency is taking steps to file the confiscation petition. Even in the case of Sunderbhai Ambalal Desai Vs. State of Gujarat reported in 2003 (1) CTC

175, the Hon'ble Supreme Court has held that while granting relief of interim custody, reasonable conditions to be imposed. Therefore, the Court below has imposed a reasonable conditions and hence, he seeks for dismissal of this Criminal Revision Case.

7. This Court considered arguments of the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor for the respondent and perused the materials available on record. 8.Since confiscation proceeding has not been initiated in this case, the order of the learned trial Judge, to release the vehicle, is in accordance with law.

9. According to the petitioner, the value of the vehicle is not more than a sum of Rs.1,00,000/-. Therefore, the condition imposed on the petitioner to deposit a sum of Rs.1,00,000/- is onerous. Further, he is ready to deposit a sum of Rs.25,000/- and he undertakes to execute a bond to the value of Rs.1,00,000/-. Hence, the submission of the learned counsel for the

petitioner is bona fide one and deserved to be accepted.

10. Accordingly this revision case is partly allowed with the following directions:

(i) Condition No.1, imposed on the petitioner is modified and the petitioner shall execute a bond for a sum of Rs.1,00,000/-(Rupees One Lakh Only) within a period of two weeks from the date of receipt of a copy of this order before the learend Judicial Magistrate Court No-II, Kuzhithurai. (ii)Condition No.7, imposed on the petitioner, ie., the petitioner shall produce the vehicle before the Judicial Magistrate Court No-II, Kuzhithurai on first working day of everymonth at 10.30 a.m., untill furthur orders, is hereby set aside.

(iii) The remaining conditions imposed by the trial Court, shall remain unaltered.

(iv) The petitioner shall deposit a sum of Rs.25,000/- to the credit of the crime No.62 of 2023, within a period of two weeks from the date of receipt of a copy of this order and on such deposit, the Court below shall re-

deposit the same in any one of the nationalized bank in the interest bearing account.

(v) The petitioner sahll deposit a sum of Rs.5,000/-(non refundable) within a period of two weeks from the date of receipt of a copy of this order, to the account to be opened by the Registrar Judicial, Madurai Bench of Madras High Court, Madurai, in the Indian Bank, High Court Branch, Madurai, as indicated in the Hon'ble Division Bench in W.P. (MD).No.23683 of 2023.

(vi) The investigating officer of this case, is directed to initiate the confiscation proceedings before the learned Principal Sessions Judge, Nagercoil, Kanyakumari District, within a period of thirty days from the date of receipt of a copy of this order.

(vii) The learned Principal Judge upon receiving such application, shall number the petition as a criminal miscellaneous petition and dispose the same as expeditiously as possible, preferably within a period of six months from the date of the presentation of the petition.

11.List this case on 15.11.2023, for "reporting compliance". 11.10.2023 NCC :Yes/No Index :Yes/No Internet :Yes/No sbn Note: Issue order copy on 17.10.2023 To 1.The Sub- Inspector of Police, Puthukadai Police Sation, Kanyakumari District 2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

3.The Registrar Judicial, Madurai Bench of Madras High Court, Madurai.

K.K.RAMAKRISHNAN, J.

sbn 11.10.2023