In a criminal revision, the High Court set aside the lower court's order refusing to release a seized vehicle, directing its release upon the petitioner furnishing title deeds as security and executing a bond.
The seized vehicle shall be released to the petitioner upon furnishing security via title deeds and execution of a bond.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 06.07.2017
Coram
THE HONOURABLE MR. JUSTICE R.SURESH KUMAR
Crl. Revision Case No.897 of 2017
Perumal ... Petitioner vs The Inspector of Police, Vellore Taluk Police Station, Vellore District. ... Respondent
Prayer: Criminal Revision Petition has been filed under Section 397
read with 401 of the Code of Criminal Procedure to call for the records to the order made in CMP No.1119/2017 by the Learned Judicial Magistrate No.I, Vellore and set aside the same and directing the Judicial Magistrate No.I, Vellore to release the vehicle bearing Registration No.TN 23 AB 5890, Engine No.BLE342371, Chassis No.BLE461542.
For Petitioner : Mr. G.Nirmal Krishnan
For Respondent : Mr. R.Sekar, Government Advocate (Crl.Side).
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ORDER
This Criminal Revision Petition has been filed against the order passed by the learned Judicial Magistrate,No.I, Vellore in CMP
No.119 of 17 dated 11.05.2017.
petition filed, to release the vehicle, Ashok Leyland Tipper Lorry bearing Registration No.TN 23 AB 5890, (Engine No.BLE342371, Chassis No.BLE461542), to the petitioner.
the lower court is that, the petitioner is an accused in yet another case of similar offence, in Crime No.39 of 2017, which is also pending for adjudication. The petitioner had also sought for return of another vehicle in Crime No.96 of 2017. Therefore, it can be construed that the petitioner is habitually indulging in theft of river sand by using the Tipper lorries owned by him. For this reason, the learned Judge has
rejected the application filed by the petitioner.
side) opposed the present move of the petitioner by stating that since the petitioner is involved in yet another case of sand theft where also,
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his yet another vehicle is involved, he could be treated as habitual offender of this nature and therefore, if the vehicle is released, he would indulge in such activities in future also. Therefore, the learned Government Advocate (Criminal side) would submit that the rejection made by the learned Judge is absolutely justifiable, and no interference is warranted.
(i) The vehicle in question bearing Registration No.TN 23 AB 5890, Engine No.BLE342371 and Chassis No.BLE461542 shall be
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released to the petitioner, on the petitioner furnishing security by depositing the title deeds of land or house property worth Rs.15,00,000/- in the court below and also
(ii) the petitioner shall execute a bond that the vehicle shall not be sold or encumbered in any manner till the completion of the trial.
released by the court below, by adopting other usual formalities.
With these directions, the Criminal Revision Case is disposed of.
06.07.2017
rli
To
The Judicial Magistrate No.I,
Vellore.
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R.SURESH KUMAR, J.
rli
Crl.R.C.No.897 of 2017
06.07.2017
1 issue framed by the court
Whether the lower court's order rejecting the release of a seized lorry in a pending theft case requires interference in criminal revision.
1 provisions across 1 enactments
Perumal
The Inspector of Police, Vellore Taluk Police Station, Vellore District.
R. SURESH KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
