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Madras High CourtCRL RC(MD)/905/2024allowed

Muruganantham v. The State Of Tamilnadu

2024-09-23Honourable Mr Justice K.Murali Shankar6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.09.2024

CORAM

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

State rep.by The Inspector of Police, Rajathani Police Station, Theni District.

Crime No.175 of 2024.

... Respondent PRAYER : Criminal Revision Petition filed under Section 438 r/w 442 BNSS, to call for the records relating to the order, dated 06.09.2024 in Crl.M.P.No.4086 of 2024 in Crime No.175 of 2024 on the file of the learned Judicial Magistrate, Aundipatti, to set aside the same and consequently, direct the learned Judicial Magistrate, Aundipatti to return the vehicle bearing Reg.No.TN-60-AK-0229 to the petitioner herein. For Petitioner : Mr.M.Prabu For Respondent : Mr.K.Sanjai Gandhi Government Advocate (Crl. Side) 1/6

ORDER

The Criminal Revision is directed against the order passed in Crl.M.P.No.4086 of 2024 in Crime No.175 of 2024 on the file of the learned Judicial Magistrate, Aundipatti, dismissing the petition filed under Section 497 of Cr.P.C.

2. The petitioner claims to be the owner of the vehicle bearing Reg.No.TN-60-AK-0229. On 05.08.2024, the respondent police intercepted the vehicle bearing Reg.No.TN-60-AK-0229 and seized the vehicle as the same was used for transporting of sand illegally without any valid license or permit and registered a case in Crime No.175 of 2024 for the offences under Section 303(2) BNS and Section 21(4) of Mines and Minerals (Development & Regulation)Act, 1957.

3. It is not in dispute that the petitioner has approached the learned Judicial Magistrate, Aundipatti, for returning of the said vehicle in Crl.M.P.No.4086 of 2024 and the learned Judicial Magistrate, vide order dated 06.09.2024, has dismissed the petition. Aggrieved by the order of dismissal, the petitioner has now come forward with the present revision. 2/6

4. Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Criminal Side) appearing for the respondent.

5. The learned Government Advocate (Criminal Side) appearing for the respondent would submit that the petitioner is the owner of the vehicle and that the petitioner is not having any previous cases for similar offence and that the said vehicle was not involved in any other cases.

6. The learned counsel appearing for the petitioner would submit that the vehicle bearing Reg.No.TN-60-AK-0229 is owned by the petitioner, that the said vehicle has no connection whatever with the alleged occurrence, that the vehicle is with the police for the past two months, that if the vehicle is kept in open place, the value of the said vehicle will get deteriorated and that therefore interim custody may be granted to the petitioner.

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7.Considering the facts and circumstances of the case and also the fact that if the vehicle is kept in open place exposing to sun and rain, the value of the vehicle will be deteriorated and no purpose will be served in keeping the vehicle in custody, this Court is inclined to allow the revision.

9. Accordingly, this Criminal Revision Petition is allowed and the order dated 06.09.2024 passed in Crl.M.P.No.4086 of 2024 by the learned Judicial Magistrate, Aundipatti, is hereby set aside and the vehicle/ Car bearing Reg.No.TN-60-AK-0229, is ordered to be returned to the petitioner for interim custody subject to the confiscation proceedings to be taken by the concern Department or by the Court on the following conditions:- (a) the petitioner is directed to deposit a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) as non-refundable deposit for the said vehicle to the credit of the District Mineral Foundation Trust, Theni District;

(b) the petitioner shall execute a bond for a sum of Rs.7,00,000/- (Rupees Seven Lakhs only), with two sureties for a likesum to the satisfaction of the learned Judicial Magistrate, Aundipatti; 4/6

(c) the petitioner shall deposit the original Registration Certificate of the vehicle before the learned Judicial Magistrate, Aundipatti; (d) the petitioner shall not alienate and shall not make any alteration in the vehicle;

(e) the petitioner shall produce the vehicle before the Court and before the respondent police as and when required; 23.09.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No das To 1.The Judicial Magistrate, Aundipatti.

2.The Inspector of Police, Rajathani Police Station, Theni District.

3.The District Mineral Foundation Trust, Theni District.

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

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K.MURALI SHANKAR,J.

das Order made in Dated: 23.09.2024 6/6