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Madras High CourtCRL RC(MD)/995/2023partly allowed

Abdul Kuthoos v. The Inspector Of Police

2023-10-11Honourable Mr Justice K.K. Ramakrishnan8 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Reserved On 07.09.2023 Pronounced On 11.10.2023

CORAM

THE HONOURABLE MR.JUSTICE K.K.RAMAKRISHNAN Crl.RC(MD).No.995 of 2023 Abdul Kuthoos .. Petitioner Vs.

The Inspector of Police, Muthiahpuram Police Station, Thoothukudi, Thoothukudi District.

(Crime No.256 of 2019) .. Respondent PRAYER: Criminal Revision Case filed under Section 397 r/w 401 of Criminal Procedure Code, to call for the records of the order dated 11.07.2023 passed by the learned Principal Sessions Judge, Thoothukudi in Cr.M.P.No.3517 of 2023 in Cr.M.P.No.3907 of 2019 in Crime No.256 of 2017 and set aside the same.

For Petitioner : Mr.N.Pragalathan 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 Cr.M.P.No.3907 of 2019 dated 23.09.2019, by the learned Principal Sessions Judge, Thoothukudi.

2. The petitioner is the owner of the Vehicle Ashok Leyland Tipper Lorry bearing registration No.TN-48-AD-8821. 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.3907 of 2019, on the file of the learned Principal Sessions Judge, Thoothukudi, under Section 451 of Criminal Procedure Code 1973, to return the vehicle for interim custody.

4. The learned Principal Sessions Judge, Thoothukudi, allowed the petition filed by the petitioner with the following conditions: (i)The petitioner is directed to deposit a

cash security of Rs.1,50,000/- (Rupees one Lakh and Fifty Thousand only) before this Court.

(ii)The petitioner is directed to execute a personal bond for a sum of Rs.1,80,000/- (Rupees one Lakh and Eighty Thousand only) towards 10% value of the lorry;

(iii)The petitioner shall not make any alteration or to alienate the vehicle in any manner till the trial is over;

(iv)The petitioner shall also give an undertaking that he will not use the vehicle for any illegal activities in future;

(v)The petitioner would produce the vehicle as an when required by the Court;

(vi)The petitioner shall produce all original documents pertaining to the ownership of the vehicle.

Challenging the first condition imposed on the petitioner in Crl.M.P.No. 3907 of 2019, by the learned Principal Sessions Judge, Thoothukudi, the petitioner 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.1,50,000/- 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.1,50,000/-. 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.1,50,000/-. Therefore, the condition imposed on the petitioner to deposit a sum of Rs.1,50,000/- 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.1,50,000/-. Hence, the submission of the learned counsel for the petitioner is bona fide one and deserved to be accepted.

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

(i) Condition No.2, imposed on the petitioner is modified and the petitioner shall execute a bond for a sum of Rs.1,50,000/-(Rupees One Lakhs Fifty Thousan Only) within a period of two weeks from the date of receipt of a copy of this order, to the satisfaction of the Magistrate concerned;

(ii) The petitioner shall deposit a sum of Rs.25,000/- to the credit of the crime No.256 of 2019, 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 redeposit the same in any one of the nationalized bank in the interest bearing account.

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

(iv) 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.236836 of 2023.

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

(vi) 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 Inspector of Police, Muthiahpuram Police Station, Thoothukudi, Thoothukudi District.

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

K.K.RAMAKRISHNAN, J.

sbn 11.10.2023