T. Paramasivan v. The State Of Tamilnadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.02.2025
CORAM
THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR T.Paramasivan ... Petitioner Vs.
The Sub Inspector of Police, Vachakarapatti Police Station, Virudhunagar District.
(Crime No.77 of 2021) ... Respondent PRAYER : Criminal Revision Petition filed under Sections 438 r/w 442 BNSS, to call for the records of the learned Judicial Magistrate No.I, Virudhunagar in Crl.M.P.No.3320 of 2024 dated 09.09.2024 and modify the second condition in Crl.M.P.No.3320 of 2024. For Petitioner : Mr.G.M.Xavier For Respondent : Mrs.M.Aasha Government Advocate (Crl. Side)
ORDER
The Criminal Revision is directed against the condition No.(ii) 1/4
imposed in Crl.M.P.No.3320 of 2024 dated 09.09.2024 on the file of the Judicial Magistrate Court No.I, Virudhunagar.
2. It is evident from the records that the respondent police has seized the vehicle JCB bearing Registration No.TN-67-BF-6535 in connection with Crime No.77 of 2021, which came to be registered for the offences under Sections 147, 294(b), 323, 324, 506(1), 379 and 427 IPC and the vehicle was produced before the concerned Court and the same came to be remanded in R.P.No.109 of 2024.
3. It is not in dispute that the petitioner has moved an application in Crl.M.P.No.3320 of 2024 under Sections 451 and 457 Cr.P.C. seeking interim custody of the said vehicle and the learned Magistrate has passed the impugned order dated 09.09.2024 granting interim custody by imposing conditions, wherein, the petitioner was directed to produce original RC book in respect of the said JCB vehicle.
4. The learned counsel appearing for the petitioner would submit that the original RC book is now available with the finance company and 2/4
hence, the said condition may be modified.
5. But it is pertinent to mention that in the petition or in the affidavit filed in support of the petition filed under Sections 451 and 457 Cr.P.C. before the trial Court, the petitioner has nowhere whispered that the original RC book is available with the finance company and by suppressing the material fact, the petitioner has obtained orders for interim custody.
6. Since the petitioner has obtained orders suppressing the material fact, this Court is not inclined to modify the impugned condition. Hence, this Criminal Revision Case is dismissed. The petitioner is at liberty to approach the concerned Court for modification, if so advised. No costs. 14.02.2025 NCC : Yes / No Index : Yes / No Internet : Yes / No csm 3/4
K.MURALI SHANKAR,J.
csm To 1.The Judicial Magistrate No.I, Virudhunagar.
2.The Sub Inspector of Police, Vachakarapatti Police Station, Virudhunagar District.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
Order made in Dated: 14.02.2025 4/4