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Madras High CourtCRL RC(MD)/1049/2024allowed

Gothandaraman @ Gosalram v. The State Of Tamil Nadu

2024-10-28Honourable Mr Justice K.Murali Shankar6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.10.2024

CORAM

THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR Gothandaraman @ Gosalram ... Petitioner Vs.

The Inspector of Police, Sendamaram Police Station, Tenkasi District.

(Crime No.310 of 2024) ... Respondent PRAYER : Criminal Revision Petition filed under Section 438 r/w 442 BNSS, to call for the records of the learned Judicial Magistrate Court, Tenkasi in Cr.M.P.No.1174 of 2024 dated 10.10.2024 and to set aside the same and further direct the learned Judicial Magistrate Court, Tenkasi to grant interim custody of vehicle, Mahindra & Mahindra Ltd Swaraj Agriculture Tractor registration No.TN 79 H 9734 to the petitioner.

For Petitioner : Mr.Aayiram K.Selvakumar 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.1174 of 2024 in Crime No.310 of 2024 dated 10.10.2024 on the file of the Judicial Magistrate Court, Tenkasi, dismissing the petition filed under Section 497 B.N.S.S.

2.The petitioner claims to be the owner of Tractor bearing Registration No.TN 79 H 9734. On 14.09.2024, the respondent police has registered a case in Crime No.310 of 2024 for the offences under Section 303(2) BNS and seized the above said vehicle bearing Registration No.TN 79 H 9734 for the alleged illegal transportation of M-sand.

3.It is not in dispute that the petitioner has approached the learned Judicial Magistrate Court, Tenkasi for returning of the said vehicle in Crl.M.P.No.1174 of 2024 and the learned Judicial Magistrate, vide order dated 10.10.2024, 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, that the petitioner is not having any previous cases 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 Registration No.TN 79 H 9734 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 one month, 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.

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 3/6

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 and thereby setting aside the impugned order dated 10.10.2024 passed in Crl.M.P.No.1174 of 2024, by the learned Judicial Magistrate Court, Tenkasi.

8.Accordingly, this Criminal Revision Petition is allowed and the order dated 10.10.2024 passed in Crl.M.P.No.1174 of 2024 by the learned Judicial Magistrate Court, Tenkasi, is hereby set aside and the vehicle/Tractor bearing Registration No.TN 79 H 9734, 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, Tenkasi District;

(b) the petitioner shall execute a bond for a sum of Rs.50,000/- (Rupees Fifty Thousand only), with two sureties for a likesum 4/6

to the satisfaction of the learned Judicial Magistrate Court, Tenkasi;

(c) the petitioner shall deposit the original Registration Certificate of the vehicle before the learned Judicial Magistrate Court, Tenkasi;

(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; 28.10.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No gns To 1.The Judicial Magistrate Court, Tenkasi 2.The Inspector of Police, Sendamaram Police Station, Tenkasi District.

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

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K.MURALI SHANKAR,J.

gns 28.10.2024 6/6